Russian Federation: Lawyers defending suspects in Crocus City Hall attack must be protected

Mar 27, 2024 | Advocacy, News

The International Commission of Jurists (ICJ) condemns the intimidation and threats directed at lawyers appointed to defend individuals accused of the violent terrorist attack on Crocus City Hall on 22 March.

This atrocity, which resulted in the tragic loss of many lives and numerous severe injuries, constitutes an extremely serious crime requiring a thorough, impartial investigation with those responsible being brought to justice. Effective administration requires respect for fair trials and respect for the integrity and the independence of the legal professions.

Shortly after the attack, authorities detained several individuals, including four suspects who were publicly displayed with visible signs of ill-treatment. Such actions are a clear sign of violations by the Russian Federation of its obligations under international human rights law, particularly concerning torture and other forms of ill-treatment. The UN Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, to which Russia is a party explicitly prohibits these acts.

Appointed defence lawyers have reportedly received menacing threats, including warnings of physical harm to themselves and their families, should they continue in their representation of the accused. These actions not only violate the rights of the lawyers but also the right of the accused to a fair trial, a cornerstone of the rule of law and international human rights law.

The ICJ reminds the Russian Federation of its international obligations, particularly under the International Covenant on Civil and Political Rights (ICCPR) to ensure the right to a fair trial, including access to effective counsel, and the UN Basic Principles on the Role of Lawyers, which require States to ensure that lawyers are able to carry out their professional functions without intimidation, hindrance, or improper interference.

The harassment faced by these lawyers represents a continuing and recurrent pattern of intimidation against members of the legal profession in Russia, especially those engaged in politically sensitive cases, undermining the rule of law and eroding public trust in the fairness of the justice system.

The ICJ urges the Russian authorities to take immediate and effective measures to protect the lawyers involved in the Crocus City Hall cases. The ICJ calls on the Russian authorities to conduct prompt and independent investigations of these instances of harassment and obstruction of lawyers’ legitimate work in defence of their clients.

Background:

On March 22, armed individuals stormed the Crocus City concert hall, opening fire on the spectators and subsequently initiating a fire. This deliberate act of violence, for which ISIS-k claimed responsibility, resulted in the loss of 139 lives and caused injuries to 182 others. The accused individuals were detained under conditions that raised significant human rights concerns, including allegations of torture and other ill-treatment.

According to the UN Basic Principles on the Role of Lawyers, governments must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference and must not face sanctions for discharging their duties in accordance with professional standards and ethics (Principle 16). Furthermore, lawyers must not be identified with their clients or their clients’ causes as a result of discharging their functions. (Principle 18).

By obstructing the work of lawyers, the Russian authorities infringe upon the right to a fair trial guaranteed under Article 14 of the International Covenant on Civil and Political Rights (ICCPR), to which the Russian Federation is a party. The UN Human Rights Committee, which reviews State compliance with its obligations under the ICCPR issued Concluding Observations on the eighth periodic report of the Russian Federation on 1 December 2022. The Committee called on the Russian Federation to end acts of harassment, intimidation, unwarranted prosecution, violence against lawyers.

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