Tools of persuasion: the efforts of the Council of Europe and the European Court of Human Rights to reform the Russian pre-trial detention system

Abstract

This paper examines the tools available to the Council of Europe and the European Court of Human Rights (ECHR) for promoting Russian compliance with the European Convention on Human Rights regarding pre-trial detention conditions. As cases regarding the poor treatment of prisoners in Russian pre-trial detention centers continue to burden the ECHR, the Court has begun implementing alternative methods of curbing what it views as a systemic problem within the Russian prison system. Mechanisms considered include the awarding of financial damages, which has thus far been difficult to enforce, as well as the newly adopted mechanism of the pilot judgment procedure. The pilot judgment procedure presents a strong tool for the ECHR in gaining compliance from the Russian government and affecting reform within the pre-trial detention system, as long as the ECHR treats Russia as an equal partner.