Russia and Europe to come into conflict over death penalty used against terrorists
Tamara Morshchakova, former deputy chairwoman of the Constitutional Court, believes that proponents of death penalty interpret the 1999 decree in a wrong way. Those in favor of the death penalty view it as a go-ahead on death by shooting provided that a jury court is in operation across Russia. “The Constitutional Court ruled that no death sentences must be handed down until jury courts were introduced all over the country. However, the decision of the Constitutional court says nothing as to the possibility of the use of capital punishment in Russia after the jury court system is brought into effect on a nationwide scale. The issue of reinstating the capital punishment has never been considered by the Constitutional Court. The aforementioned interpretation of the decision is absolutely wrong,” said Morshchakova, in an interview to Strana.ru.
Speaking of the extradition of such notorious characters as Boris Berezovsky and Akhmed Zakayev, the proponents of the death penalty are likely to eventually render it impossible. The EU member states will not surrender an alleged criminal to Russia if the latter reinstates the death penalty. Vladimir Vasiliev, Head of the State Duma Security Committee, said that in compliance with international conventions a foreign party should be certain that an extraditable suspect will not be sentenced to death by Russian authorities. Tamara Morshchakova also spoke about the threat of negative effects should Russia fails to comply with its international legal obligations. “It is very unfortunate of Russia not to have a legal norm similar to the one in the German law. The norm concerns the right of an enforcer to ask the Constitutional Court whether an international agreement falls within the national legal framework. In that case the Constitutional Court could specify that the European convention and Protocol No. 6 are part of our legislation. At the same time, the Russian Constitution has a norm stating that Russia’s international agreements are to be automatically incorporated into the national legal system. The international agreements are above the federal law. In other words, the authorities must act in accordance with the international agreement in question i.e. Protocol No 6. Should we repeal the international agreement, which was one of the requirements for joining the Council of Europe, we may be expelled from the organization,” said Morshchakova.
We should also bear in mind that Moscow will preside at the CE Committee of Ministers from May to October 2006. The priorities of Russia’s presidencies will be discussed during the PACE President Rene van der Linden’s two-day visit to Moscow. “Russia is important to the Council of Europe while the CE is important to Russia. It is the first time ever that your country will hold presidency in the European democratic organization. I am confident that Russia will make its best to strengthen a unique position of our organization in Europe,” Rene ban der Linden was quoted as saying.
Translated by Guerman Grachev
Discuss this article on Pravda.Ru English Forum
