Court accepts the Prosecutor's opinion that victims' rights must be protected


29 December 2013

The Prosecutor’s Office of the Chechen Republic defended before court victims’ right to qualified legal assistance, which they receive from the INGO «Committee Against Torture». Court declared unlawful earlier refusal to grant the Committee’s lawyers participation in the proceedings as the victims’ representatives. The refusal was issued by the Investigative Committee.

The Prosecutor’s Office took part in the hearing in the Staropromyslovskiy District Court on the Committee’s complaint against the investigative authorities. The human rights defenders argued that the Investigative Committee’s refusal to grant the victim’s request to allow lawyers working with the Committee Against Torture into the proceedings as his representatives was unlawful.

Having examined the case file, the court found that the decision in question, issued by the Investigative Committee, had been unlawful and inconsistent with the Constitutional Court’s legal opinion concerning directly applicable law.

In order to secure the victim’s right to qualified legal assistance and legal representation in criminal proceedings guaranteed by the Constitution and Code of Criminal Procedure of the Russian Federation, the prosecutor present for the hearing asked the court to declare the refusal in question unlawful.

Having examined the submissions, the court accepted the prosecutor’s arguments and passed the judgment which granted the complaint lodged against the Investigative Committee of the Russian Federation in full.

This information was published on the official website of the Prosecutor’s Office of the Chechen Republic, and indicated as provided by the unit for supervision over investigation of particularly important cases.

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