A/HRC/11/L.10
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North Caucasus. The lack of effective investigation of the law enforcement response to the
Dubrovka theatre siege and the attack on Beslan School No. 1 should be urgently addressed. It
expressed serious concern at the harassment of lawyers, journalists and other human rights
defenders, and particularly at the murder, in January 2009, of Stanislav Markelov and
Anastasia Baburova. These should be promptly and effectively investigated. It also cited threats
and attacks against applicants to the European 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.
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