Originally published Friday, January 2, 2009 at 12:00 AM
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Russia ends jury trials for "crimes against the state"
Russian President Dmitry Medvedev paused in the last quiet hours of a dying year to sign a controversial law that eliminates jury trials for "crimes against the state," a measure that lawyers and human-rights groups fear will be the start of a dangerous exertion of Kremlin control over government critics.
Los Angeles Times
MOSCOW — Russian President Dmitry Medvedev paused in the last quiet hours of a dying year to sign a controversial law that eliminates jury trials for "crimes against the state," a measure that lawyers and human-rights groups fear will be the start of a dangerous exertion of Kremlin control over government critics.
The law does away with jury trials for a range of offenses, leaving people accused of treason, revolt, sabotage, espionage or terrorism at the mercy of three judges rather than a panel of peers.
Critics say the law is dangerous because judges in Russia are vulnerable to government manipulation and intimidation.
A parallel piece of legislation, pushed by Russian Prime Minister Vladimir Putin and still awaiting discussion in parliament, seeks to expand the legal definition of treason to such a degree that observers fear anybody who criticizes the government could be rounded up by police — and, because of the law signed Wednesday, tried without a jury.
Little discussed in state media, the changes to Russia's criminal code would arm the government to crack down on any whispers of dissent, human-rights groups and lawyers have warned.
The changes also seek a stronger hand for the FSB, the modern incarnation of the Soviet KGB, by giving the state wider latitude in cases that fall under intelligence agency rather than police jurisdiction. Some critics point back to the days of Soviet dictator Josef Stalin as a comparable legal structure.
"It's a preparation for terror, although not the grand terror of the 1930s," said Andrei Illarionov, a fellow at Washington's Cato Institute and a former economic adviser to Putin. "They are much smarter now."
Medvedev's last-minute signing had all the trademarks of a preholiday news dump engineered to generate the least possible media coverage. New Year's Eve is the biggest holiday of the year in Russia, and even those watching the news were distracted by the failing negotiations over shipments of Russian gas to Ukraine. The law was announced by a single sentence on Russia's Interfax news agency.
The government has framed the jury law as an anti-terrorism measure, but legal experts warn its implications are broader and more ominous — especially if the treason changes go through.
A chilling effect had crept into the legal system even before Medvedev signed the law, critics said.
Svetlana Gannushkina, a human-rights lawyer and chairwoman of Russia's Civic Assistance Committee, gave the example of a Dagestani man represented by her organization. A jury found him not guilty of sabotage more than a year ago, and Russia's Supreme Court backed the verdict. The man was cleared — until a few weeks ago.
"And now what's happening? When this campaign to change the law began, the prosecutor's office immediately filed a new appeal," Gannushkina said. "And this time, the Supreme Court cancels the decision of the trial and the verdict of the jury, and the whole process starts all over again."
Recently, there had been a faint hope among human-rights organizations that Medvedev might refuse to sign the bill. He is a lawyer who was once seen as more moderate than Putin. He campaigned on promises to uphold the rule of law in the country.
Copyright © 2009 The Seattle Times Company
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