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Seventh Avenue, 13th Floor May 16, 2000 President Vladimir V. Putin Dear President Putin: I write on behalf of Human Rights First, a non-governmental human rights organization that works to ensure that all governments strengthen the rule of law and the observance of human rights. Specifically, I wish to draw your attention to the case of Judge Tatyana Loktionova, Chairwoman of the Primorskyi Krai Arbitration Court. Since last year, Human Rights First has gathered information about intimidation and harassment of Judge Loktionova. Based on reports from Judge Loktionova, as well as other credible sources, it is our understanding that she has been targeted because of her position with the Arbitration Court and that the actions taken against her are the work of local government officials. Judge Loktionova’s complaint last July to the General Prosecutor of the Russian Federation regarding this matter has gone unanswered to date. It appears that harassment against the Judge increased in September when the Arbitration Court decided a case involving a local shipping company, Vostoktransflot. The court’s decision effectively terminated the firm’s management, which had been strongly supported by the local government. The government-controlled newspaper responded, vehemently denouncing Judge Loktionova and the Court. Thereafter, mobs gathered for several weeks outside the Arbitration Court, and protestors attacked a court employee and repeatedly threatened Judge Loktionova. At about the same time, a lawyer from the shipping firm who had compiled evidence which incriminated the shipping firm’s management, was murdered. The lawyer, Taisiya Ponomaryova, was killed and original documents bearing on the case were destroyed by a bomb planted in her home. No one has been prosecuted in connection with the murder of attorney Ponomorarova or the threats and attacks on Court employees. We have recently learned that Governor Yevgeny Nazdratenko submitted a report, following the Vostoktransflot decision, to the Supreme Qualifying Bar Association of the Russian Federation seeking to terminate Judge Loktionova’s tenure as a judge. In his report, the Governor alleges that the Judge has "legalized robbery" by "deliberately pass[ing] judgements beneficial for a narrow group of interested persons, rather than for the public interests." The Governor’s efforts to remove Judge Loktionova from the Court appear to be a transparent attempt to punish her without legal basis. It is significant that two signatories of that report have since publicly denied ever having signed the report and do not agree with its accusations. In protest against the Governor’s report, Judge Loktionova and her colleagues began a hunger strike to call attention to this situation. The 29 Arbitration Court judges present at the Court on April 14 voted unanimously to approve a resolution declaring their opposition to the Governor’s actions. It is our understanding that the judges also sent you a letter that day detailing the Governor’s ongoing attempt to discredit the Court and undermine the rule of law. Last July Judge Loktionova alleged publicly that Governor Nazdratenko frequently pressured arbitration judges in order to influence the outcome of bankruptcy cases; those who refused then received threats against them and their families. We have since confirmed this allegation through public reports and confidential interviews which suggest that lawyers and judges in the Primorskyi region who do not support the government’s interests frequently suffer orchestrated attacks. These include smear campaigns in the local government-controlled press, threats made by local police and officials of the Internal Affairs Department, criminal charges fabricated by prosecutors and sometimes physical attacks and murder. In fact, we have learned of two recent cases, the murder of a judge and an attorney, in which the police have failed to uphold their obligation to investigate these cases, further undermining the rule of law and security of other legal professionals. The allegations raised by our investigations signal serious violations of international law. Principle 1 of the United Nations Basic Principles on the Independence of the Judiciary establishes that "[I]t is the duty of all governmental and other institutions to respect and observe the independence of the judiciary." Principle 2 instructs that fulfillment of this duty includes permitting the judiciary to decide matters before them "without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason." The independence of the judiciary is elemental to ensuring the rule of law and the respect for human rights. We write to you because we believe that the local government’s actions against Judge Loktionova’s and her colleagues seriously threaten the independence of the judiciary. In various public fora, you have expressed your commitment to strengthen Russia’s legal system for the economy, the benefits of democracy, a law-based state, and personal and political freedom. We believe that the attacks on the independence of the judiciary seriously undermines the rule of law and ultimately your plans for reform, especially since an independent judiciary is a critical support for a well-functioning economy and democratic system that ultimately protects human rights. Encouraged by your promises for reform, we urge you to take appropriate action to ensure to the furthest extent possible that the proceedings concerning Judge Loktionova adhere to the highest procedural standards. It is our understanding that on April 18, the Supreme Qualifying Bar adjourned the proceedings until June 10 to review the Governor’s report against Judge Loktionova. In particular, we also understand that if the Qualification Board issues a resolution to remove the Judge, you will ultimately make the final decision on Tatyana Loktionova’s fitness. We hope that if the preliminary proceedings result in a decision to remove Judge Loktionova, that you will carefully and fully evaluate all surrounding and relevant circumstances, including, for example, disavowal of signatories to the Governor’s report which initiated the current proceedings against the Judge, and the events which preceded the report. Additionally, we trust in your good offices to thoroughly investigate the above mentioned allegations that the regional administration harasses and intimidates members of the judiciary and provide all necessary measures to hold any involved officials accountable. Until conditions improve, we believe it imperative that judges and lawyers under threat receive protection. Thank you for your time and consideration. I would happily respond to any inquiries you may have regarding this matter.
Respectfully, Robert O. Varenik Director, Protection Program |