Originally from The Journal of Eurasian Law (JEL)

I. Summary of Conclusions

An evaluation of the verdict in this case reveals violations of the defendants’ human rights protected under Articles 3, 6, and 7 of the European Convention on Human Rights. In addition, other Convention rights also may have been violated. The materials provided for use in this report, and the time allotted to complete it, were not sufficient to undertake a thorough analysis of these other issues. Sacrificing breadth for depth, and in keeping with the request of the Presidential Council of the Russian Federation for Civil Society and Human Rights, this report examines selected violations of the Convention that are most clearly identifiable in the verdict itself and in the conduct of the trial described in it.

The conclusions of this report are as follows:

1) The defendants’ detention in the courtroom and the conditions of their confinement on remand during the trial court proceedings constituted inhuman or degrading treatment (Article 3).

2) The proceedings exceeded a reasonable time (Article 6).

3) The tribunal lacked independence and impartiality (Article 6).

4) The verdict lacked indicia of a reasoned judgment (Article 6).

5) The defendants were deprived of the presumption of innocence (Article 6).

6) The defendants were deprived of their right to equality of arms (Article 6).

7) The charge of embezzlement lacked foreseeability (Article 7).