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HR news |
Operation of the courts in the Chechen Republic
The judicial system in the Chechen Republic has been partially restored, but it does not yet cover the whole of the Chechnya region.
10 regional and town courts and a High Court operate in the Chechen Republic in the following towns:
Gudermes: the High Court of the Chechen Republic, the Gudermes town court and the Leninskii region court for the city of Groznyi
Naurskaya station: the Naursk regional court and the Zavodskoi regional court for the city of Groznyi
Village of Beno-yurt of the Nadterechnyi region: the Nadterechnyi regional court and the Staropromyslovskii regional court for the city of Groznyi
Shali: the Shali regional court, the Groznenskii regional court and the Oktyabr'skii regional court for the city of Groznyi
Urus-Martan: the Urus - Martanovskii regional court.
However, the courts do not operate with a full staff. The judge has to examine cases on his own. There are no assessors, in as much as there are no assessors whose candidatures have been approved by the legislative body of a subject of the Russian Federation, as there is no legislative assembly or parliament in the Chechen Republic.
Thus, the work of the courts on the territory of the Chechen Republic is very limited in accordance with Russian legislation.
In civil proceedings, the courts can examine cases where claims do not exceed 9,000 roubles. The practical effect of this is that the majority of claims filed for material losses caused by military activity resulting from the carrying out of "anti-terrorist operations" are not accepted by the courts of the Chechen Republic.
In criminal proceedings, courts are allowed to examine cases where the maximum sentence is no more than five years. Other types of case are transferred by the inquest after completing the investigation to the High court of the Russian Federation and from there they are sent for consideration by the courts of the nearest subject of the Russian Federation. Usually, criminal cases where the possible sentence is more than five years are considered in the cities of Stavropol', Rostov, Pyatigorsk, Volgograd, Makhachkala and other towns of the northern Caucasus.
Crimes committed by servicemen in the Chechen Republic are investigated by the military procurator and are transferred for consideration to special military courts. Usually in the town of Vladikavkaz.
Thus, not a single criminal case relating to action exceeding a serviceman's authority, murder, theft and other such crimes, committed as a result of the current conflict, is examined by courts on the territory of the Chechen Republic.
Effectively, courts on the territory of the Chechen Republic consider, in the main, civil cases where legal questions of fact have to be resolved, reinstatement at work etc.
It should be noted that even court judgements that are made are as a rule not enforced. In a conversation with a member of the Human Rights Centre "Memorial", a court officer from the Oktyabr'skii court for the city of Groznyi said that she had 50 sets of proceedings on which judgement had been passed since April 2001. Judgement had not been enforced on any of them. As a rule, she said, a deed is executed, stating that enforcement is not possible.
