ROMAN ZAKHAROV v. RUSSIA JUDGMENT
15
G. Supervision of interception of communications
67. The heads of the agencies conducting operational-search activities
are personally responsible for the lawfulness of all operational-search
activities (section 22 of the OSAA).
68. Overall supervision of operational-search activities is exercised by
the President, Parliament and the government of the Russian Federation
within the limits of their competence (section 20 of the OSAA).
69. The Prosecutor General and competent lower-level prosecutors may
also exercise supervision over operational-search activities. At the request
of a competent prosecutor, the head of a State agency performing
operational-search activities must produce operational-search materials,
including personal files, information on the use of technical equipment,
registration logs and internal instructions. Materials containing information
about undercover agents or police informers may be disclosed to the
prosecutor only with the agent’s or informer’s consent, except in cases of
criminal proceedings against them. The head of a State agency may be held
liable in accordance with the law for failure to comply with the prosecutor’s
request. The prosecutor must ensure the protection of the data contained in
the materials produced (section 21 of the OSAA).
70. The Prosecutors’ Office Act (Federal Law no. 2202-I of 17 January
1992) provides that the Prosecutor General is to be appointed or dismissed
by the Federation Council (the upper house of Parliament) on proposal by
the President (section 12). Lower-level prosecutors are to be appointed by
the Prosecutor General after consultation with the regional executive
authorities (section 13). To be appointed as a prosecutor the person must be
a Russian citizen and must have a Russian law degree (section 40.1).
71. In addition to their prosecuting functions, prosecutors are
responsible for supervising whether the administration of detention
facilities, bailiffs’ activities, operational-search activities and criminal
investigations are in compliance with the Russian Constitution and Russian
laws (section 1). Prosecutors also coordinate the activities of all lawenforcement authorities in combatting crime (section 8).
72. As regards supervision of operational-search activities, prosecutors
may review whether measures taken in the course of operational-search
activities are lawful and respectful of human rights (section 29).
Prosecutors’ orders made in the context of such supervision must be
complied with within the time-limit set. Failure to comply may result in
liability in accordance with the law (section 6).
73. Prosecutors may also examine complaints of breaches of the law and
give a reasoned decision on each complaint. Such a decision does not
prevent the complainant from bringing the same complaint before a court. If
a prosecutor discovers a breach of the law, he must take measures to bring
the responsible persons to account (section 10).