Access to Justice and Human Rights

Promoting alternative dispute resolution and raising public awareness

Launched on April 16, 2010, the Rostov-on-Don alternative dispute resolution center began accepting cases on May 15.

Alternative dispute resolution (ADR) is an effective legal tool that is gaining prominence in Russia as a means to increase citizens’ access to justice, to decrease judges’ case load and to improve enforcement. On July 27, 2010, the Russian Federation enacted an ADR law, which takes effect in 2011. The law recognizes mediation as an alternative to formal litigation, allows mediation at any stage of a legal proceeding, provides for professional mediators,protects confidentiality and acknowledges an amicable settlement reached through mediation as an enforceable outcome.

In May 2010, we established an ADR center in Rostov, where professional mediators we trained in 2009 now handle cases. ABA ROLI is working with the center to promote the use of ADR at all levels of the judiciary and to train judges on identifying and referring cases for mediation. We also conducted a campaign to raise public awareness about ADR and the center, and to foster support for mediation. ABA ROLI also produces and distributes two guidebooks for mediators and judges.

ABA ROLI conducted two surveys, in 2009 and in 2010, respectively, on public perception of the justice of the peace courts in Nizhny Novgorod, Rostov and Leningrad regions—regions where the courts were piloted. The surveys indicated that the number of people who would utilize these courts has increased, as has demand for information on the courts, reflecting greater faith in the system. The surveys also indicated that when people had more information, their trust in the legal system increased. Therefore, from 2009–2010, ABA ROLI, in cooperation with non-governmental organizations, court personnel, ombudsmen, government officials, legal clinics, advocates and lawyers, held six access to justice seminars. ABA ROLI also distributes ‘know your rights’ brochures that address legal aid, family law, domestic violence, residential registration, consumer protection and retaining an advocate.

Providing legal aid

Participants of a free legal aid study tour to the U.S. engaged in a lively discussion while meeting with attorneys from the Legal Service Corporation regarding case selection criteria as a condition for government funding.

Since 2009, ABA ROLI has worked to make consolidated free legal aid available for the socially vulnerable in the Nizhny Novgorod, St. Petersburg-Leningrad and Ulyanovsk regions. We have distributed legal aid directories in these regions, and trained lawyers working with the indigent on the psychological aspects of a client-centered approach, gender sensitivity, family abuse, as well as on interviewing and counseling skills.
Recently, we signed agreements that will enable us to organize a coordinated network of free legal services in the Ulyanovsk, St. Petersburg and Leningrad regions. The agreements allow for the establishment of a single ‘hotline’ in each region to consult clients or refer them to an appropriate provider of free legal aid.

Upholding human rights

To address the rising problem of xenophobia and racism in Russia, ABA ROLI with funding and assistance from the U.S. Department of State Bureau of Democracy, Human Rights and Labor is conducting a multi-faceted program to strengthen the prosecution of hate crimes, increase protection for victims and foster public awareness and tolerance for minority populations. The program facilitates cooperation and supports governmental and non-governmental stakeholders, developing specialized resources and training programs to support enforcement of relevant existing laws and to address the cause of the problem.

Working with the Russian Ministry of Interior, ABA ROLI is utilizing experts and working groups to develop standards and guidelines to help law enforcement personnel better identify and investigate hate-crimes. By supporting the federal and regional ombudsmen offices, ABA ROLI is working to support national and local governments in their efforts to report, monitor and address xenophobia and racism. Finally, our innovative public outreach promotes grassroots knowledge of the importance of diversity and tolerance.

Anti-Corruption and Public Integrity

ABA ROLI anti-corruption experts present and discuss a draft anti-corruption course for schoolchildren.

Corruption remains pervasive throughout the Russian Federation, continuing to be a major obstacle to advancing the rule of law and democracy. In 2008, Russia adopted two federal anti-corruption laws, which mandate every region in Russia to adopt local anti-corruption legislation along with an implementation strategy. Yet, the implementation of statutes remains week and inconsistent. Since 2005, with funding from the U.S. Department of State’s Bureau for International Narcotics and Law Enforcement Affairs, the ABA Rule of Law Initiative (ABA ROLI) has worked to combat corruption in Russia. We employ an innovative, bottom-up approach that builds anti-corruption momentum at the local level.

Developing local anti-corruption strategies

ABA ROLI launched its municipal anti-corruption program in 2006, surveying select cities and regions to asses the level and types of corruption. From 2007–2008, ABA ROLI developed a municipal anti-corruption manual and anti-corruption training program addressing the specific needs each surveyed city and region, including Pskov, Omsk, Perm, Yaroslavl, Rostov and Kamchatskiy. The trainings provided local officials and businessmen with a comprehensive overview of criminal and municipal anti-corruption laws and allowed them to identify legislative gaps. Following the training sessions, informal regional expert groups were established to promote reform. The groups developed anti-corruption legislation for their respective localities, and in Pskov and Perm the legislations were approved and enacted. Following the adoption of the Russian Federal anti-corruption legislation in 2008, all local statutes are under review.

Building on this success, in 2009, we expanded the initiative to Altai, Kostromskaya, Kalingrad, Krasnodar and Vladivostok regions, training local stakeholders to develop their own municipal anti-corruption programs. We also assisted in the development of a long-term anti-corruption strategy for Opochka District in Pskov. In January 2010, the district administration adopted the strategy, which includes a code of ethics for local officials. The Pskov regional anti-corruption program, which was approved on May 25, 2010, incorporated a significant portion of the provisions included in the Opochka anti-corruption strategy. While we continue to support the Opochka District in pursuing its anti-corruption goals, we are also assisting two additional regions in developing anti-corruption strategies.

Raising public awareness

ABA ROLI complements the anti-corruption strategies with awareness-raising programs. In 2009, we developed an anti-corruption curriculum for schoolchildren, which was approved by the Pskov Department of Education and distributed to 80 schools in the region. The curriculum addresses corruption and its consequences. Currently, we are expanding the its use to other regions and developing a similar curriculum for university students.

ABA ROLI’s public awareness programs also aim to improve anti-corruption reporting in local media. In May 2010, we conducted a national competition in which journalists from across the Russian Federation submitted hundreds of articles and documentary videos on government and corruption. Later, ABA ROLI hosted a conference and trained journalists from across the nation on effective reporting of corruption in newspapers and magazines, and on television and radio.

Criminal Law Reform and Anti-Human Trafficking

The ABA Rule of Law Initiative’s (ABA ROLI’s) Criminal Law Program in Russia focuses on strengthening the capacity of legal professionals and institutions to uphold the right to due process within the criminal law system.

Providing jury trial skills and evidence training

ABA ROLI trains and supports defense attorneys to enhance representation for criminal defendants and for victims alike. On July 1, 2002, Russia adopted a new Code of Criminal Procedure, which introduced jury trials into the criminal justice system. Since then, we have conducted dozens of seminars on jury trial skills for legal professionals in several regions and cities. The trainings cover jury selection, case strategy, opening and closing arguments, submitting and challenging documentary evidence and conducting direct and cross examinations. Mock jury trials allow trainees to practice their newly-acquired skills. Despite recent amendments to the code restricting the use of jury trials, interest in these seminars continues to grow.

In 2009, ABA ROLI developed a new training program on evidentiary rules to help defense attorneys utilize effective case strategies to address the misuse of evidence in criminal proceedings. Currently, investigators play a ‘gatekeeper’ role curtailing the use of evidence in criminal proceedings. Although the Criminal Procedure Code gives advocates the right to collect evidence to prove the defendant’s innocence and to challenge prosecutorial evidence, the practice of collecting and submitting evidence has traditionally privileged investigators and prosecutors. Beginning in 2010, ABA ROLI is training advocates on legal proceedings legislation based on Russian court rulings, including those of the Constitutional Court and the Supreme Court, and on European court standards and the use of expert testimony.

Improving compliance with the European Court of Human Rights

The European Court of Human Rights (ECtHR) has delivered more than 700 judgments against Russia, approximately 200 of them concerning criminal procedure violations. Russia is required to acknowledge and implement precedents set by the ECtHR. The lack of a central electronic database with Russian translations of the court’s judgments and the absence of mandatory courses on the court in Russian law schools, however, make it hard for Russia to comply.

Since 2006, ABA ROLI has developed and implemented an innovative training program on the ECtHR, conducting 18 seminars for attorneys. The seminars discuss how Russian citizens can appeal to the ECtHR and how Russian attorneys can apply ECtHR case law in domestic courts. During the trainings, participants work in small teams, some preparing appeals to the ECtHR based on actual cases and others working on responses on behalf of the Russian government.

Combating human trafficking

In cooperation with the U.S. Embassy and with regional representatives from the Ministry of Interior and the Prosecutor’s Office, ABA ROLI works to strengthen human trafficking investigation and prosecution. We developed two editions of a comprehensive anti-human trafficking manual, which includes both newly adopted relevant criminal law provisions and innovative methods and tactics. We conduct practical skills trainings for investigators and prosecutors on identifying crimes, working with victims and cooperating with non-governmental organizations (NGOs). In addition, ABA ROLI regularly distributes up-to-date information about pertinent NGOs.

The Russian criminal system does not effectively protect victims and fails to provide for mandatory legal representation. In 2009, ABA ROLI piloted a seminar on defending victims’ rights in criminal proceedings, covering everything from preliminary hearings to responding to motions to dismiss criminal cases and to jury trials.

Judicial Reform

Training justices of the peace

In October 2008, the ABA Rule of Law Initiative (ABA ROLI) partnered with the Russian American Rule of Law Consortium to launch a U.S. Agency for International Development-funded initiative, the Rule of Law Partnership Project (RLPP), aimed at increasing the credibility and professionalism of Russia’s justice of the peace courts. We work with key judicial institutions on curriculum development and training, and on improving court administration. We train justices of the peace in Nizhny Novgorod, Leningrad and Rostov regions. The trainings cover the role of justices of the peace, practical issues in handling cases, professional ethics and electronic information management. In 2010, we completed a comprehensive bench book for justices of the peace, which serves as a one-stop reference guide.

Improving court administration

Through the RLPP, we work to improve and automate justice of the peace courts’ case management systems, and to bring the courts into compliance with a 2008 federal law that requires that courts create websites and publish their proceedings. In 2009, the Russian company Voskhod developed and installed electronic case management systems in federal courts, training court personnel and IT staff in Rostov and Leningrad on website development, website maintenance and database management.

Legal Profession Reform

The ABA Rule of Law Initiative (ABA ROLI) undertakes a multi-faceted approach in working with Russia’s legal professional community. ABA ROLI works with the Federal Chamber of Advocates and regional chambers to support the uniform application of ethical and disciplinary standards. ABA ROLI also works to enhance professionalism among advocates by strengthening the administration of continuing legal education (CLE) and by working with non-lawyer advocates.

Providing ethics trainings for advocates and judges

Adopted in 2003, the Federal Code of Professional Ethics governs Russian defense attorneys’ conduct. ABA ROLI works to strengthen the application of the ethical standards and to increase citizen confidence in the justice system by conducting ethics trainings throughout the country. In 2008–2009, ABA ROLI organized a nationwide conference in Rostov-on-Don and a roundtable in St. Petersburg on ethics. Using input from a working group of conference participants, ABA ROLI developed a continuing legal education (CLE) curriculum for young advocates, addressing ethical issues, such as client consultations, retainer agreements, attorney-client relations termination and attorneys’ disciplinary responsibilities. The curriculum serves as a basis for a two-day interactive ethics course. Based on the curriculum, ABA ROLI has synthesized a four-hour training for law students, which was recently presented at the Moscow State Law Academy.

ABA ROLI has worked closely with Russian legal experts to develop comprehensive ethics and discipline publications, which serve as an important resource for disciplinary commissions throughout the country.

Supporting continuing legal education

Russian advocates must complete 100 CLE hours over five years to remain licensed. Yet, there is no standardized CLE program currently in place. In 2008, ABA ROLI, in partnership with the Krasnoyarsk Chamber of Advocates, established a self-sustaining CLE center, providing technical assistance through curriculum design, training and institutional development. In 2009, ABA ROLI published a methodology book for CLE trainers.

To expand opportunities to the Northwest and Volga districts, in 2009 and 2010, we worked with the regional bar chambers to establish two CLE centers in the Leningrad and Ulyanovsk regions. To date, the centers have trained more than 170 advocates. A team of 21 CLE trainers we previously trained on advanced adult teaching methodologies and practical legal skills now train their peers at the centers.

Regulating non-advocates

Russia’s Code of Professional Ethics does not apply to jurists or non-advocate attorneys. To support the development of professional standards for non-advocates, ABA ROLI helped organize a 2009 forum in the Volga region, attracting more than 80 attorneys and experts from 14 regions. The forum addressed self-regulation, ethics, the relationships between advocates and non-advocates, legal ethics in commerce and the development of a commercial law practice. Currently, ABA ROLI is working with the Russian Law Chamber to develop professional standards, covering ethics and law office management.

Women’s Rights

Since 2005, the ABA Rule of Law Initiative has worked with government officials, prosecutors, lawyers, police, judges, justices of the peace, social and medical workers, and non-governmental organizations to strengthen the legal response to gender-based violence throughout the Russian Federation. We have implemented a series of targeted trainings to increase public awareness and to provide government officials and service providers with the skills, knowledge and resources they need to effectively support and protect victims.