Jan 02, 2025 (Freedom Person)
The judicial system is a critical mechanism for ensuring justice and protecting citizens' rights in any country. One indicator of the effectiveness of the judicial system is the balance between conviction and acquittal verdicts. A low percentage of acquittals may signal serious issues related to judicial independence, the quality of criminal investigations, and the overall state of justice.
In Russia, the situation with acquittals is particularly concerning. The acquittal rate is only 0.25-0.5%, which is significantly lower than in most other countries. For example:
- In the United States, the rate is 10-20% (depending on the state and the type of cases) [https://rapsinews.ru/judicial_analyst/20170629/279132380.html].
- In Japan, which also demonstrates a pro-conviction bias, acquittals occur in less than 1% of cases. In China, the rate is even lower—less than 0.1%, which is attributed to the strong dependence of the judicial system on the executive branch and tight control over judicial processes.
Against this backdrop, the Russian judicial system appears highly imbalanced. The low percentage of acquittals requires a deep analysis of the underlying causes of this issue.
The factors preventing acquittals in Russia are a combination of issues related to the judicial system, the work of investigative bodies, the political situation, and legal practices.
1. Pro-Prosecution Bias in Investigative Bodies and the Prosecutor’s Office
Investigative bodies in Russia are focused on high crime detection rates. The performance evaluation system for investigators is based on the number of cases sent to court, which fosters a pro-conviction bias. Investigations often concentrate on gathering the minimum necessary evidence, neglecting circumstances that might exonerate the defendant.
The prosecutor's office, in turn, aims for convictions, as acquittals are viewed as failures in their work. Prosecutors are required to appeal acquittals, which increases pressure on judges and reduces the likelihood of acquittals.
2. Lack of Judicial Independence and the Influence of the "Feedback System"
Judicial independence in Russia is limited by dependence on the executive branch and the leadership of the judicial community. Judges' careers are tied to their performance metrics, and annulments of verdicts by higher courts are viewed as errors, negatively affecting their professional reputation.
Moreover, judges, prosecutors, and investigators work within an interconnected system where acquittals are often seen as undermining trust in law enforcement agencies. This reinforces the pro-conviction bias of the entire system.
3. Weak Defense of Defendants
The right to defense in Russia is often limited by the poor quality of free legal assistance. State-appointed lawyers often act in a formal manner due to insufficient funding and lack of oversight over the quality of their work. Additionally, defense attorneys face restrictions on access to case materials, which hinders their ability to effectively challenge the charges.
4. Quality of Pretrial Investigation and Evidence Base
Investigative bodies frequently use evidence obtained in violation of the law, including testimony coerced through pressure or torture. Such evidence is often accepted by courts without proper verification, despite its obvious unreliability. In cases of insufficient evidence, investigators tend to fabricate materials, while judges overlook violations to maintain the pro-conviction bias.
Representatives of the Russian Investigative Committee argue that the low acquittal rate is due to the high quality of investigative work and the confession of guilt by most defendants.
5. Political Pressure and Motivated Cases
Courts are often used as tools in political struggles, especially in cases involving opposition figures, human rights activists, or critics of the government. In such cases, the likelihood of an acquittal is extremely low, as the judicial system serves the interests of the authorities.
6. Judges’ Fear of Consequences for Acquittals
Judges fear the consequences of acquittals, particularly when the case has political or public significance. The lack of guarantees of professional safety exacerbates this fear, further decreasing the likelihood of acquittal decisions.
7. Ineffectiveness of Judicial Reform
Judicial reforms in Russia have primarily focused on technological improvements (such as the introduction of electronic justice) rather than strengthening judicial independence and eliminating systemic pressure on judges. Issues with transparency and accountability remain unresolved.
These structural problems make acquittals a rarity, reinforcing the pro-conviction nature of the Russian legal system. To change this situation, deep reforms are necessary to enhance judicial independence, strengthen the defense of defendants' rights, reform the performance evaluation system for investigative bodies and the prosecutor’s office, and ensure transparency and fairness in judicial processes.
Author: V. Ivanenko, Human Rights Defender
