Corruption in the justice system analysed in a Human Rights perspective : A case study of the Russian Federation

Abstract

This thesis investigates the relationship between corruption in the Russian justice system and human rights violations. The hypothesis is that such corruption increases human rights abuses. Both law enforcement and the judiciary are included since they are equally important for human rights implementation. The thesis relies on international human rights instruments as the legal framework, focusing on civil and political rights. The link between corruption and human rights violations is conceptualized in a twofold manner. The first type of link is internal, meaning that they are conceptually linked, and that an act of corruption constitutes a human rights violation in and of itself. The second type of link is external, and causal in character, meaning that corruption causes human rights violations. One example of the internal links may be police officers who arbitrarily detain people as an act of extortion. Arbitrary detention constitutes a violation of the right to liberty and security of person. The causal link is demonstrated by the connection between experience with police corruption and distrust in the justice system. As a result of distrust ethnic minorities who face ethnic violence frequently abstain from filing complaints to the police. This means that ethnic minorities may suffer violations of non-discrimination provisions, in particular relating to the right to equality before the law.