Author: Grigory Vaypan
Keywords: «adequate consideration»; de novo review; quasi-judicial body; United Nations Working Group on Arbitrary Detention
There is another international human rights protection body knocking at the door of the Russian legal order – the United Nations Working Group on Arbitrary Detention. To be more precise, there is a Russian citizen who is knocking at the doors of Russian courts trying to enforce a decision by such a body finding his deprivation of liberty arbitrary. What is the legal status of this Working Group and should Russian courts follow its findings? This article explores the legal significance of the Working Group's Opinions for the Russian legal order and the question whether they can become a basis for de novo review of criminal cases.
About the author: Grigory V. Vaypan – Postgraduate student, Law Faculty, Lomonosov Moscow State University; Head of Litigation Unit, Institute for Law and Public Policy.