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January 26, 2009

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Will Gardella

The prospect that Russia remains an environment in which these assassinations can occur with impunity is, in its own way, just as damning an indictment of Russian criminal justice as an extrajudicial killing ordered by the government. I agree that an "objective investigation and aggressive pursuit" is necessary, both in the interests of justice and the reputation of the government, but it is far more likely that this investigation will be just as ineffective as those of other high-profile criminal cases.

Even if Putin is in no way responsible, the murders will probably still have a chilling effect on the media and on lawyers with practices similar to Markelov's. The whole thing will stink until the taint can be removed by a credible criminal conviction, and that sort of thing seems to be beyond the Procuratorate-General and Russian investigators these days.

Michael Averko

Such is the English language mass media situation.

Uncovering the Slanted Coverage of Russia
http://www.americanchronicle.com/articles/view/80759

For accuracy and decency sake, much can and should be done to balance the coverage. This includes some changes with venues like the Valdai Discussion Club, Russia Today and the World Russian Forum.

Will Gardella

Michael, the article you cited is accurate as far as it goes--Georgia bears the lion's share of the responsibility for the war over South Ossetia and American coverage of it and all the Russian political events have been gravely slanted--but that doesn't contradict anything I pointed out. The Russian criminal justice system remains woefully unprepared to deal with these highly professional, politically motivated murders (no matter who may be responsible for them). If murderers conduct themselves more professionally than detectives and prosecutors, the Russian government stands little chance of clearing its name as far as global public opinion is concerned.

Michael Averko

Will, do you see any improvements in the Russian legal system over the course of the past several years? There's no disagreement that it can and should be significantly improved upon.

Without meaning to get off topic, I keep in mind the number of unsolved murder cases in countries deemed as more advanced than Russia, when it comes to human rights. Related to this point is Russia's murder rate in comparison to other countries. This matter goes beyond just the legal situation. The socioeconomic ills of a given society can be quite burdensome for the most well meaning of legal systems.

I'm reminded of this piece:

http://www.exile.ru/articles/detail.php?ARTICLE_ID=17074&IBLOCK_ID=35

The at times faulty English language mass media reporting and commentary enhances some misconceived notions about Russian issues. Vis-a-vis Markelov's murder, this thought pertains to the article above our exchange on how some have jumped to believing certain otherwise questionable views.


Will Gardella

"Will, do you see any improvements in the Russian legal system over the course of the past several years?"

Not terribly many. To the government's credit, it's prevailed in a few large tax cases, but it seems rather uninterested in improving the enforcement of criminal law otherwise.

"There's no disagreement that it can and should be significantly improved upon."

If there's no disagreement on this point, then why is the government instead busy passing laws on the media and not expanding the right to a jury trial beyond the small number of cases and courts where the EU and other institutions are paying to implement this? Why does it still rely largely on a conscript militia system of policing that virtually ensures both incompetence and the inclusion of corrupt elements in law enforcement?

On the contrary, I think the quality of the legal system is largely ignored aside from the occasional Medvedev speech about legal nihilism and the occasional dead lawyer.

"I'm reminded of this piece:"

The text of the article, arguing for an organized effort on the part of the CPJ to act as an "obedient tool of the US government," overplays the CPJ figures attached to the article. From those, it looks like countries like Pakistan (a US ally) and Colombia (another US ally) come in for the worst treatment by the CPJ. And probably rightly so--it makes sense that countries where many actors have an interest in silencing journalists have a bigger problem with that.

Besides, the eXile has gone downhill ever since the authorities took note of it and went after Mark Ames. See, I can play this silly, baseless game too!

"The at times faulty English language mass media reporting and commentary enhances some misconceived notions about Russian issues. Vis-a-vis Markelov's murder, this thought pertains to the article above our exchange on how some have jumped to believing certain otherwise questionable views."

Exactly. The point is perception. I am by no means saying that it's particularly likely that either Markelov or Burburova were on some kind of FSB hit list, because I don't think Russia's leaders are that stupid. However, they can be remarkably tone-deaf about the perception (baseless or not) that state media consolidation and the deaths of journalists, human rights lawyers, and other independent voices are part of an organized effort to stifle opposition.

At least these deaths, unlike the death of Politkovskaya, weren't followed by Putin commenting that the victims are insignificant!

Will Gardella

One of the articles cited by the eXile piece seems to make my precise point:

http://www.cjes.ru/about/?pid=4&id=2699&PHPSESSID=610ab996168aae309989f7edbfc56c08

"What politicizes the issue is not the actual number of slain journalists, but the failure of authorities to thoroughly investigate the deaths, said Dmitry Badovsky, a political analyst with the Institute of Social Systems at Moscow State University.


"Journalists do not necessarily die because the regime in Russia is bad and oppressive," he said.


"Also," said Alexei Simonov, head of Glasnost Defense Foundation, "do not forget that investigations into these murders last for years and often depend upon politics."

Exactly. Michael, you have a valid point about the socioeconomic challenges facing the Russian criminal justice system, including underfunding, but Russia's consistent--and deserved, and sought-after--place on the world stage as a key geopolitical country makes the failings of its police and judiciary far more visible than, say, the probably even more broken systems in countries like Mexico or Colombia or Pakistan. Those countries simply get less Western coverage in general, so the ills of their legal system and the dangers to journalists are less highlighted.

Negative press when justice is deferred or delayed is a natural consequence of the media exposure and diplomatic clout that the Russian executive branch sees as so important to the country's future, and too often, the pace of change in the legal system is far too slow to keep up with this.

Michael Averko

Some ground covered since I last checked.

I've heard much the same on the tax aspect of the Russian legal system.

There has been an effort to make the Russian armed forces a more volunteer based one. A prevailing problem has been impressing prospective recruits. At last notice (offhand, I'd have to check for updated matter on the subject), I was given the impression that the Russian armed forces has become a more volunteer based entity.

I recall a GPA CIS... piece suggesting that eXile's demise might've involved at least one other factor not advertised. Based on what's been said, I think their might be more to that particular story. Keep in mind that periodically not everything is always told about such situations.

On another and perhaps even somewhat related note (gotta be careful), you might recall an eXile piece where it's said that some media outlets claim a certain kind of victimization after their funding dries up (next to last paragraph):

http://www.exile.ru/articles/detail.php?ARTICLE_ID=7701&IBLOCK_ID=35

To digress a bit further, recall the reason Scarface (Al Pacino) gave for leaving Cuba. This isn't mentioned to belittle actual circumstances of heavy handed and mild persecution. I'm respectfully suggesting that often enough the whole story isn't told.

Whatever faults can be claimed of eXile, I've found a good deal of its commentary to be quite worthy. This is said in reply to AU's suggestive likeness (at JRL) of eXile to the anonymous and IMO bigoted LR.

Here's a very recent example of someone rhetorically shooting the negative gun at Russia on his/her seemingly instinctual biases:

http://talk.guardian.co.uk/WebX?14@161.oSSpevRHVpS@.7760b692/1201

That particular individual reflects a certain way of viewing Russia in general:

http://talk.guardian.co.uk/WebX?14@161.oSSpevRHVpS@.7760b692/1187

http://talk.guardian.co.uk/WebX?14@161.oSSpevRHVpS@.7760b692/1169

Michael Averko

Pardon any gliche with my recently submitted comments.

I wanted to address one other point that was raised.

Exhibiting disrespect for the recently deceased is understandably not considered in good taste (some exemption is given to a select group of individuals deemed as extremely barbaric). That said and giving the benefit of doubt, Putin's referenced comments on Politkovskaya could've been different from what's suggested. People have been known to misspeak in terms of what they meant to say - or be taken out of context - whether by misunderstanding or intent.

I'm sure that those in disagreement with her work (at least the ones I'm aware of) agree that her murder isn't something to be taken lightly:

http://www.cdi.org/russia/johnson/2006-236-28.cfm

http://www.antiwar.com/orig/ware.php?articleid=9891

http://www.cdi.org/russia/johnson/8220-15.cfm


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