No one is sacred: Russia's prosecutors could be entitled to investigate elites

Published time: July 17, 2012 20:04
Edited time: July 18, 2012 00:04
Reuters/Jason Reed
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In a new anti-corruption twist, Russia could introduce a special board of prosecutors entitled to investigate officials as high as Supreme Court judges, the prime minister or the president. A draft of the law has been submitted to the State Duma.

­The new board of prosecutors, as the draft bill says, will be able to go after officials that have otherwise been immune to investigation: the country’s president and ex-presidents, the General Prosecutor, the head of the Investigative Committee, MPs and so on.

What can push the proposed board into action? “The public’s profound negative reaction,” demonstrated in streams of complaints to the president or the parliament, according to the draft. The prosecutors would then look into damage to the public’s constitutional rights and freedoms.

The bill is set to fight corruption and “political extremism based on the assumption the political elite is immune to prosecution,” notes a comment to the draft law. The board, which is to consist of independent, experienced lawyers, will convene specially for each case.

The authors of the draft say that another reason to draft such a law was public doubts over the impartiality and completeness of investigations of high-profile crimes, such as the 2004 terror act in the southern city of Beslan, which took 334 lives with 186 children among them.

The committee would be 17-strong with the following makeup: five people put forward by the president; five by the State Duma; five by the Federation Council, the upper house of Parliament; and two by the human rights ombudsman.

Critics say this is far from an independent board, and as such its ability to fairly and impartially challenge authorities seems unlikely. Others grimly add that the draft law looks like another twist in the standoff between the General Prosecutor’s office and the Investigative Committee.

The draft law will land in Russia’s lower chamber as soon as this autumn.

Comments (2)

Count Cash 18.07.2012 10:45

There may indeed need to be further debate as to the make up of such a grouping, which is definitely material for a future Duma debate. However, regardless of the composition of such a board, the central notions that it can address anyone in society – no one above the law, and that it is driven by citizens complaints, rather than internal policy are both laudable concepts. On the first point, there is widespread knowledge, that people in the right places can deflect or prevent prosecutions, or indeed they can direct prosecutions to get results they need. There is also widespread knowledge that people also disproportionately cry foul of authority’s actors, to hide and mask their own criminality, with the tired won out state victimisation mantra. All of these things lead to a lack of trust in authorities, which is destructive and counterproductive in establishing a working sustainable legal system, holding to the rule of law. However, just establishing a group with these lofty goals, to go after the big boys, would not be enough on its own, because it could also fall foul of internal misuse and misguidance allegations, be they warranted or not, resulting in no net improvement. However, the second point helps here, that of reacting to citizen’s complaints, the shear volume and force of them. This is an excellent approach, moving prosecution and policing back to an ‘on demand basis’ directed by the public, rather than internalised policy driven, an approach that is so fraught with all the issues above. Add automation (a web collection) mechanism plus transparency (visualisation for officials and citizens alike) of the complaints and groups follow up activities, lays a sound modern foundation for not only going after the big boys, stopping the big boys running the show themselves, but also showing that the big boys are gone after and that frivolous mischievous complaints like number plate abuse, have little support and are frivolous nonsense by not serious players!

+2

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Eurasian (unregistered) 18.07.2012 00:06

This is the only way to insure healthy democracy and prospered future. Call it capitalism, call it socialism or communism; if there is not a mechanism place to check the corruption inevitably either one of them will collapse.

+6

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