"Basmanny Justice" (Russian: Басманное правосудие) is a term used to characterize the judicial system that emerged in the 2000s in Russia and is distinguished by a low degree of independence of the judiciary in decision-making.[1][2][3] The decisions made by the dependent judiciary are considered convenient for the authorities or necessary for them, but run counter to the rule of law.[4]
Sometimes it is used in a semantic meaning as a custom-made court, an instrument of political repression, synonymous with the lack of independence of the court as a whole.
In 2004, the President of the High Arbitration Court of RussiaVeniamin Yakovlev, expressed the opinion that the presence of a stable label "Basmanny Justice" contributes to a critical assessment of the work of Russian judges:[12]
We are such a people – generous with labels. And as soon as the label is glued, it starts to spread. After that, the essence of the matter is no longer important. If you want to say something about justice, remember the label. What kind of justice? Basmanny. After that, the essence of the matter is no longer important. Although we are still trying to understand – why is this? So we are doing something wrong? This helps you to critically evaluate your work.
In 2005, the chief judge of the Moscow City Court, Olga Yegorova, confirmed that "the term really exists," and the book "Basmanny Justice" published by Yukos' lawyer Karinna Moskalenko and her colleagues[7][13][14][15] contains "interesting additional information" that prompted the chief judge of the court to remind the judges subordinate to her demands "clearly comply with the procedural and substantive law, promptly and competently consider each case, since behind each of them are people, their interests, rights, destinies." "There is no longer either Mosgorshtamp or Basmanny Justice," Olga Yegorova argued in 2011.[16]
Yes, I've heard this term. I am not sure if it is accurate or correct. But if "basmanny justice" means the adoption of unjust decisions by any court in various places of our country, that is, so-called unjust decisions, as lawyers say, then this is evil, and this must be fought, combated by means of legal response. Such decisions or sentences should be canceled, and if they are taken under the influence of certain circumstances, be it money, political pressure, other factors, the persons who make such sentences and decisions should be held accountable, held accountable before the law, before the country.
By analogy with the expression "Basmanny Justice", journalists used similar phrases containing the names of other courts to characterize the non-legal nature of their decisions (for example, "Zyuzin justice" (Russian: зюзинское правосудие) during the conflict in Yuzhny Butovo [Wikidata] in May 2006).[32]
^Butrin, Dmitry; Shishkin, Maxim; Netreba, Peter; Belikov, Dmitry; Sokovnin, Alexey (19 November 2007). "Покушение на государственный долг" [Assassination attempt on public debt]. Kommersant. Retrieved 21 March 2021.
"За и Против". Expert. 1 November 2004. Archived from the original on 16 April 2013. Retrieved 11 October 2019.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
