The Russian authorities must do more to strengthen human rights and the rule of law in the country, the Council of Europe’s commissioner for human rights Nils Muižnieks has said in a wide-ranging report that calls for greater efforts to ensure judicial independence and impartiality.

The report, which mentions the Yukos affair and the jailing of Mikhail Khodorkovsky, highlights a number of areas of concern to Dr Muižnieks, whose report is the result of a fact-finding visit to Russia earlier this year.

One of the issues raised is pre-trial custody, which was an element of one of Khodorkovsky’s applications to the European Court of Human Rights. The commissioner stated in his report that “detention on remand must always be exceptional, and each individual case must be properly justified. Whenever possible, the use of alternative non-custodial measures should be encouraged.”

The report also alludes to cases of ill-treatment by law enforcement authorities such as that of Vasily Alexanyan, the former Yukos executive vice president who was denied medical care in detention, causing his death at the age of 39.

In his report, the commissioner “urges the authorities to reinforce the message of ‘zero-tolerance’ of ill-treatment by law enforcement officials. An unequivocal commitment must be demonstrated to combating impunity for such acts, including through the imposition of sentences commensurate to the gravity of the offence.”

Recent intimidation of, and hostile legislation towards, NGOs also comes under scrutiny by the commissioner. The report urges the development of “safe and favourable conditions for the work of human rights NGOs in the Russian Federation”, adding that “regular and open dialogue between the authorities and various civil society organisations will be essential for the success of future reforms.”

In a nod to the European Court of Human Rights’ recent judgment on the first Khodorkovsky trial, the commissioner insists that “defence lawyers should operate without impediments and in full confidentiality when providing legal assistance to their clients”, adding that “any reports of harassment, intimidation, and other forms of pressure on lawyers should be duly investigated.”

The report further notes serious systemic concerns about the independence of the judiciary – a problem that emerged in particular during Khodorkovsky’s two trials.

Dr Muižnieks states that “it is of utmost importance to ensure that judges are not only independent and impartial, but are also seen as such by members of society.” The commissioner also notes “with concern that perceptions persist that judges are not shielded from undue pressure.”