Grigory Pasko: Russia, Country of Lawyers

lawyers062910.jpgThere is not one, but two lawyers in power in Russia. And both are ceaselessly talking about the necessity of perfecting the institutions of state: the judicial power, for example, the legislative… They talk and they talk… And nothing changes and nothing changes. Если Вы хотите прочитать оригинал данной статьи на русском языке, нажмите сюда. Or almost nothing. The courts, as an example, used to be unfair and dependent, and remain so. Sometimes the president (that would be Dmitry Medvedev) really sticks his foot in it with his legal novelties. Thus it was in the event of the changes initiated by him to the criminal code, aimed at lightening punishments and repealing arrests under economic articles. They did introduce changes into the little papers, but did not begin to rush to implement them into life. In other words, they sabotaged the decisions of Medvedev the lawyer.

One prisoner – Mikhail Khodorkovsky – even announced a hunger strike in this regard. Medvedev, supposedly, even noticed it.But the prisoner nevertheless remained right where he was: the measure of restraint for him was not changed.I accidentally uncovered a discrepancy in just one clause: the right of a prisoner (an accused or a suspect) to a meeting with a lawyer. Here’s what turned out.From the Constitution of the RF, article 23: «Everyone shall have the right to inviolability of private life, a personal and family secret, the protection of his honor and good name. Everyone shall have the right to secrecy of correspondence, telephone conversations, postal, telegraph and other messages. Limitation of this right shall be allowed only on the basis of a court decision».From the CCP RF, art. 47: «An accused shall have the right to have meetings with a defender in private and confidentially…»From the «Rules of internal regulation of SIZO UIS» (Order of the Minjst RF ri 14.10.2005 № 189): « art. 145. Meetings of a suspect or an accused with a defender shall be implemented in private…in conditions allowing an employee of the SIZO to see the suspect or the accused and the defender, but not to hear».From the book by P.Astakhov (currently – children’s rights ombudsman under the president of Russia) «Shpion» [The Spy]: «The Lefortovo investigative isolator is considered to be a model… The investigative offices, where they meet with lawyers, are spacious and outfitted with everything necessary for successful operative work. Unfortunately, it can not be described… It is left only to guess what secret installations, reading thoughts and shining right through the soul and conscience of everybody who enters inside these mute walls, are hidden behind them».From the Federal law «On search-and-operative activity», art. 3 : « Search-and-operative activity shall be based on the constitutional principles of legality, respect and observance of human and civil rights and liberties… Organs…must provide for the observance of the human and civil rights to inviolability…»From M. Zhvanetsky: «Our samovar is electric, and we ourselves are rather insincere too».