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Suomen Asianajajaliitto

rss Oikeudelliset uutiset, kv tietolähteet, arkisto 2009

20.3.2009 11.52

Sanavapaus ja tuomarin oikeus kritisoida tuomioistuinlaitosta; Euroopan ihmisoikeustuomioistuin ratkaisu

Erotettu tuomari mm. väitti, että Moskovan käräjäoikeus on korruptoitunut.

The applicant, Olga Kudeshkina, is a Russian national who was born in 1951 and lives in Moscow. A judge for more than 18 years, at the relevant time she held office at the Moscow City Court. The case concerned Ms Kudeshkina's allegation that she was dismissed from the judiciary in 2004 because she had publicly accused higher judicial officials of putting pressure on her in connection with a high-profile criminal case. In 2003 Ms Kudeshkina was appointed to sit as a judge on a criminal case concerning abuse of powers by a police investigator, Mr Zaytsev, who was accused of carrying out unlawful searches in the investigation of a case about furniture smuggling in Moscow shopping centres. The parties disagree on the circumstances of Ms Kudeshkina's withdrawal from the case. Ms Kudeshkina herself submitted that the President of the Moscow City Court removed her from the case on 4 July 2003 without giving reasons, while the Government claimed that the case was withdrawn from her and assigned to another judge on 23 July 2003 on the grounds that she had delayed its examination.

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