A/HRC/11/37
Court of Human Rights, particularly those from the North Caucasus. The Government
should prevent such obstruction of applications to the Court against victims, their families
and legal representatives. It regretted that the threat to the independence of lawyers posed
by the proposed amendments to the 2002 federal law on legal practice and the bar, which
would grant the State registration agency power to initiate court action to remove lawyers’
licences, had not been addressed. It called for the withdrawal of the amendments. Also
unaddressed was the practice of informal transfers of suspects from Russia to other
members of the Shanghai Cooperation Organization, contrary to the non-refoulement
obligation. The Commission asked Russia to invite the special rapporteurs on torture,
executions, independence of judges and lawyers and the Working Group on enforced
disappearances.
4.
Concluding remarks of the State under review
335. The Russian Federation noted that accession to the second Optional Protocol to the
International Covenant on Civil and Political Rights concerning the abolition of the death
penalty would depend on the prevailing view in Russian society on abolition. It noted,
however, that the death penalty had been de facto abolished since August 1996 and, since
1999, all prior death sentences had been commuted to life or 25 years of imprisonment.
336. It said that the ratification of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families required an in-depth study
to determine the concordance of specific provisions with Russian legislation. With regard to
the ratification of ILO Convention No. 169, it stated that current legislation in Russia on
indigenous peoples was more progressive and better reflected the particular characteristics
of the local situation.
337. The question of ratifying the Rome Statute of the International Criminal Court was
being considered, guided by the notion that the decision to accede was the prerogative of
the State and made in the State’s own interests. Many factors would be considered,
including the initial results of the activities of the Court and outcome of the work to define
the crime of aggression.
338. A draft law on the ratification of Protocol No. 14 was under consideration by the
State Duma of the Federal Assembly. The preparation for ratification of the European
Charter for Regional or Minority Languages was being carried out in the framework of a
State inter-agency working group that, together with the Charter secretariat, aimed to find
modalities for the implementation of the Charter that would take into account Russian
realities and the unique cultural and linguistic diversity of its people.
339. The delegation thanked the non-governmental organizations for their comments and
referred to two meetings with civil society representatives held in the Ministry of Justice
and covered by the mass media. After the universal periodic review, Russia planned to
convene a working group on the preparation and presentation of the national report and on
further steps for implementing the recommendations accepted.
340. Prior to the adoption of the outcome, Germany, on behalf of the European Union,
stated that it was in favour of the adoption of the outcome of the review of the Russian
Federation on the understanding that the formulation in paragraph 86 of the Working Group
report would mean that the recommendations referred to in paragraph 54 did not enjoy
Russia’s support. It considered the assessment contained in paragraph 86 factually
incorrect, but respected the freedom of the Russian Federation to reject any
recommendation made during the interactive dialogue of the Working Group.
341. The Russian Federation was of the view that it was not appropriate to discuss
substantive issues at this stage and that its position had been clearly set forth in paragraph
86 of the Working Group report, which had been adopted by consensus.
110
GE.09-16766
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