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	Special Rapporteur urges Russia to ensure independence of judiciary by Gabriela Knaul Special Rapporteur on the Independence of Judges and Lawyers   April 2013   An independent United Nations human rights expert has urged the Russian Government to take specific measures to guarantee the independence and impartiality of the justice system, while noting positive developments in the promotion and protection of human rights in the country.   Gabriela Knaul, the Special Rapporteur on the independence of judges and lawyers, cited the need to protect judges from any form of political influence in their decision-making.   “I have heard several reports of direct or indirect threats and improper interferences and pressures on the judiciary, which adversely affect its independence and impartiality,” she stated in a news release at the end of her 11-day visit to the country.   “I am concerned that the appointment of judges by the President of the Russian Federation may expose them to political and undue pressure,” she stressed.   Ms. Knaul noted that, in Russia, the mindset of judges themselves plays an important role in defining their individual independence.   “It seems that some judges are still under the influence of the old Soviet system and keep strong ties with the executive and prosecutorial authorities.”   She also drew attention to the fact that lawyers are unlawfully targeted for discharging their professional functions in some regions of the country, through threats, intimidation, attacks, groundless prosecutions, and in the gravest cases murder.   “Impunity of such acts of persecution has had, in some regions of the country, a ‘chilling effect’ on other lawyers, negatively influencing the quality of their work, forcing them to renounce certain kinds of cases, and working in the fear that they or their families may be at risk because of their work,” she warned.   The expert called on Russian authorities to recognize and support the contribution of non-State actors in providing legal aid, and recommended that they adopt all appropriate measures to ensure that these providers are able to carry out their work effectively, freely, autonomously and independently, and without any intimidation, harassment or improper interference.   At the same time, she welcomed the various legislative, administrative, institutional and practical measures taken to improve the promotion and protection of human rights in Russia, and in particular the independence of the judiciary and the administration of justice.   “After having substantially raised judges’ salaries, the Russian authorities have undertaken significant efforts, and spent important amounts of resources, to improve the working conditions of judges and modernize the administration of justice, including court premises and technical equipment,” she noted. Visit the related web page
	How institutional culture and ''alternative management'' in prisons contribute to ill-treatment by Penal Reform International (PRI) South Caucasus republics   Institutional culture in prisons was the focus of the regional forum hosted by the PRI Office in Tbilisi on 29 April. Representatives of civil society and government from all three South Caucasus republics (Armenia, Azerbaijan and Georgia) were attended.   The existence of non-statutory, hierarchical relations between inmates was widely discussed. The hierarchy among prisoners often is very prominent and is used as alternative management structure not only by those on the top of the hierarchy, but also by the prison administration.   Informal hierarchies have several layers of management. These structures are often also used by investigative bodies when someone is arrested and under investigation. The accused are often placed in ‘pressing cells’ where several inmates are instructed to put physical and psychological pressure on them to sign a confession or to pay money.   If the person complains, he may be moved to another cell and face even worse treatment. This method is used to enforce the ‘code of silence’, which dictates that those who complain are regarded as traitors and fall to the bottom of the hierarchy, with no right to share the food with other inmates or sleep in a separate bed. This is why the majority of torture cases in prisons go unreported.   Even in cases where scars and bruises make torture obvious, inmates refuse to complain as it will probably make their situation worse.   The forum also touched on the issue of relations between prisoners and guards. Experts agreed that prison guards are often seen as a part of the circle of corruption, smuggling goods and providing services for prisoners. As the quality of food often is very poor, prisoners survive on the food from the outside world, getting food or money from their relatives with the assistance of prison guards.   Prison guards are not well paid and there are no incentives for people to work in criminal justice system – apart from the possibility of making money through corruption.   All experts and participants agreed that this culture is a part of the Soviet legacy, but that there has been no effort by the policy makers to reform and improve the penitentiary system.   Even though a number of new prisons have been built in all three countries, the culture inside the prisons hasn’t changed.   For many years in a row, the Council of Europe Committee on Prevention of Torture (CPT) has reported the informal structures and ‘alternative’ management of prisons in the region. Policy makers however still have not shown any willingness to tackle the problem and guarantee the rule of law and equal treatment of detainees.   Civil society in the region raises these issues through monitoring and reporting on places of detention, but their voices are often ignored.   National Preventive Mechanisms (NPMs) also need to look into the institutional culture issues and emphasise their findings in their reports. Information sharing, monitoring and reporting as well as making the reports public, will help encourage positive policy change in the criminal justice system, which is one of the issues most overlooked in countries where democratic reforms still struggle to make their way through difficult terrain. Visit the related web page
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