Le Monde criticized the decision of the Court in Ablyazov case
Le Monde newspaper published, on 15 January 2014, an article by Piotr Smolar strongly criticizing the Instruction chamber of the Court of Appeal of Aix en Provence. He strongly condemns the behavior of the judges in language rarely used in French media for such a judicial decision. Peter Sahlas is also cited.
Despite quite a few issues, Russian justice offers sufficient guarantees in the eyes of the French Court of Appeal of Aix. Naivety, ignorance or bad faith: the judgment provides a complaisant vision of the Russian judicial system that is rarely seen. These arguments are also repeated in the case concerning Ukraine.
« To consider in a general manner (…) that the Russian judicial system does not ensure fundamental guarantees of the process and protection of rights of defence is not a conclusion to be made just because of particular cases, even if numerous, where the Russian state was condemned by the European Court of Human Rights.”, said the court. There was also a paragraph where the “perfect nature of all judicial systems” was quoted.
“THIS PRODUCES JITTERS”
The Chamber is hiding behind a report of the Commission of human rights of the Council of Europe which highlights, “a substantial lessening” of the number of judges sanctioned in the last two years in Russia. It also mentions a “lessening of undue pressure” on them. “the Judges of Aix dishonor their profession by considering that their Russian counterparts are their equals”, said Me. Peter Sahlas, lawyer for Mukhtar Ablyazov. “This produces jitters. They ignore their responsibilities as defenders of rights. The Russians will seize the opportunity to use this decision at any given opportunity as a clean sheet”
The reference made to the new jurisprudence by the cases of last Thursday, which make note of an issue with the « State of law » in Russia and in Ukraine, is an important one. The article ends by referring to the tragic fate of the lawyer, Sergeï Magnitski.
Source: Le Monde
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08Will the decision be issued in Ablyazov's case?
12The next hearing on Mukhtar Ablyazov’s extradition is scheduled for January 2014
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