Old Habits Die Hard: Aleksandr Nikitin, the European Court of Human Rights, and Criminal Procedure in the Russian Federation

Abstract

With the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Russian Federation agreed to subject itself to international scrutiny through the European Court of Human Rights. The Russian Federation's espionage case against Aleksandr Nikitin provides an illustrative example of the conflict between the Russian Federation's new treaty obligations and its existing Code of Criminal Procedure. The Nikitin case illustrates the shift of some power from Russia's executive branch to its judicial branch, and a move towards the rule of law. This Note concludes that the Code of Criminal Procedure must be revised if the Russian Federation is to comply with its treaty obligations under the Convention.