понедельник, 20 августа 2012 г.

Pussy Riot and the Magnitsky act: what's different?

Well, recently I saw a visit via a search request "Pussy riot magnitsky act". I wondered, what could be the relation of these two famous Russian cases? Anyway, I decided to provide some short explanation of these issues.

Magnitsky died in pretrial detention. He was placed there, because in the Russian justice, the prosecution office, the investigative comitee and the judge all prefer the defendant to be kept in custody before the trial. As I explained earlier, for the officials, this means less paperwork, more comfort at work and lower risk of getting into trouble if the defendant does not show up. Magnitsky's case was a criminal case. He was suspected of tax-evasion schemeing on a large scale. We will not discuss the scandal here in all detail, if you exuse me.

After Magnitsky died in pre-trial detention, there was a global scandal. So, the government passed several law corrections and introduced some legal guidances to make sure that people, suspected of economic crimes are not jailed before trial. It is still possible fo the investigative comitee to ask the judge to allow them to keep the defendant in custody, but now there are prescriptions in the law to disallow that.

Pussy Riot girls on the other hand were not suspected of economic crimes at all. Their case was viewed as a criminal one with the procecution pressing on the issue of "huliganism performed in an act of public demonstration of hatered to the Christian flock". Thus, they were not protected by the Post-Magnitsky case law corrections at all.

The Magnitsky case had a strong effect on the Russian legal system. No, nobody gives a damn about the "Magnitsky Act" in the US and the EU. The very idea of white-collar people dying in the awful prison conditions, while being cooperative to the investigators and not presenting a threat to the society hit too hard on the Russian public.

Back to the Pussy Riot case. I see lots of blaming towards the Russian court, saying that it must have paid attention to the Western media and Western rock stars. Well, this is Russia. The establishment is made up of people in their 50's. Their idea of the proper behaviour for Russia is "Be strong despite all odds, never bend to outside pressure". Thus, the more pressure - the more stubborn the system is. Naturally, with all the shouting, the judge could not have followed the Western pressure. Most people in their late 40's and 50's are happy, and they are the ones who make up most of economic and electoral majority.

Basically, Russia's main political problem is not with Pussy Riot. It is just that there is a too low percentage of young, ambitious population to add speed and passion to our life.

Comments appreciated. 

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