The constitution of 1993 includes a wide range of provisions guaranteeing the civil and human rights of Russia's citizens. However, inadequacies in the criminal justice system and other institutional flaws have hindered consistent observance of those provisions.
General Civil Rights Guarantees
The constitution establishes wide-ranging civil and human rights and social guarantees, several of which remained unattainable or unrealized in the mid-1990s. Social guarantees have been difficult to meet because of Russia's persistent economic crisis. Such guarantees include the right to a minimum wage and welfare for the "family, mothers, fathers, children, invalids, and elderly citizens." Protection of unemployed people and the right to a safe and hygienic work environment also are proclaimed. The right to housing is guaranteed, including free or low-cost housing for needy people and others. The right to free health care and secondary-level education is also upheld, in an echo of the promises of Soviet constitutions. Perhaps in recognition of the economic burden of such widely inclusive state social guarantees, the constitution calls for adult children to care for disabled parents, and it safeguards the existence of private charitable and insurance operations, which were forbidden or discouraged under the Soviet system.
Equality before the law is proclaimed regardless of sex, race, nationality, language, national origin, property and position, ideological conviction, membership in public associations, and other attributes and circumstances. Freedom of religion and conscience is upheld, and alternatives to military service are to be accepted, although neither the law in force nor military practice has upheld the latter provision. Individual privacy is protected, including that of correspondence and other communications and of housing. Nationality rights are upheld, including the right to use a language other than Russian in communications and education. The constitution asserts freedom of internal and foreign travel and the right to choose one's place of domicile. No one may be expelled or exiled from Russia. Freedom of the press is upheld, and censorship is prohibited. People have the right to assemble peaceably and to hold peaceful meetings and demonstrations of all types. The right to own, dispose of, and inherit private property, including land, is upheld, and private property may not be expropriated except with full compensation.
Constitutionally guaranteed civil rights may only be restricted upon the legal proclamation of a national or local state of emergency. Even in a state of emergency, however, the constitution prescribes that no one may be tortured or denied judicial rights, although an individual may be held for an unspecified period without being charged. The right of dual citizenship for ethnic Russians residing in the near abroad (the other fourteen former republics of the Soviet Union) is proclaimed. Presumably, such a right also exists for non-Russians residing in Russia. The constitution also includes a pledge that Russia will protect its citizens abroad. However, most member nations of the Commonwealth of Independent States (CIS) have resisted Russia's demand that they grant ethnic Russians such dual citizenship, viewing it as an infringement on their sovereignty (see Migration, ch. 3).
Massive civil and human rights violations have been committed in the Republic of Chechnya by Russian military units as well as by Chechen guerrillas, resulting in tens of thousands of deaths and injuries and the displacement of more than 300,000 people. Official human rights monitoring of the conflict was undermined in 1995 when the State Duma dismissed human rights activist Sergey Kovalev as its ombudsman for human rights. Kovalev was removed because of his strident condemnation of Russian military and police atrocities in Chechnya. Kovalev resigned as chairman of the presidential Human Rights Commission in January 1996, accusing Yeltsin of backtracking on human rights in Chechnya and throughout Russia. No figure of similar stature had filled Kovalev's position as of mid-1996.
Criminal Justice Protections
According to Russia's 1993 constitution, the death penalty is applicable to some crimes "until its abolition" by federal law. Although the annual number of executions reportedly had decreased by mid-1996, the public outcry at Russia's growing crime wave made the death penalty a politically sensitive issue. In cases where the death penalty may be applied, the accused is guaranteed the right to trial by jury, although this provision was only partly in force in the mid-1990s (see How the System Works, ch. 10). A condition of Russia's admittance to the Council of Europe (see Glossary), which it achieved in January 1996, was abolition of the death penalty within three years. Much international pressure was applied toward that end both before and after Russia was approved for council membership.
For all types of crime, punishment without trial and prosecution ex post facto are forbidden. The constitution also bars torture and other "brutal or humiliating" treatment and punishment. Citizens have nominal protection against arbitrary arrest without a judicial decision, and they may not be held for more than forty-eight hours without being charged, except in a state of emergency. However, this constitutional provision has been directly contravened by Yeltsin's 1994 decree on combating organized crime, which allows police to detain persons suspected of involvement with organized crime for as much as thirty days without a criminal charge and without access to a lawyer. This decree was used widely in 1995 to detain persons without judicial permission beyond the mandated maximum period. Russian human rights monitors reported in 1995 that the few detainees who were aware of their rights and complained of violations were subject to beatings. Nonetheless, about one in six cases of arrest was appealed to the courts in 1995, and judges released one in six of those on grounds of insufficient evidence or breach of procedure (see Criminal Law Reform in the 1990s, ch. 10).
According to the constitution, judicial sentences may be appealed to higher courts, as may decisions of government organs at all levels. Those organs may be sued for damages caused by action or inaction. Nominally, all citizens are guaranteed their "day in court," have the right to choose their own defense counsel, or may be provided with free legal counsel if required. Legal aid may be requested from the earliest moment a person is detained, placed in custody, or indicted, a change from previous practice whereby the individual could receive counsel only upon being formally charged and after being interrogated. Few citizens are aware of these rights, however. A person is considered innocent until proven guilty, but where jury trials do not occur, the accused generally are expected to prove their innocence rather than defend themselves against prosecutors' efforts to prove their guilt. In cases where a judge imposes sentence, the average rate of conviction is more than 99 percent, as opposed to an 84 percent conviction rate in jury trials.
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