A dead man’s tale of Russian justice

Financial Times

Russian police have threatened a posthumous prosecution of Sergei Magnitsky, the lawyer who died in custody where he was detained on charges of tax evasion after accusing interior ministry officials, police and others of corruption. His relatives were advised that the prosecution might be dropped if they stopped trying to clear his name and pursue those responsible for his death.

Things had started badly in the Moscow courtroom that morning. A sour mood prevailed in the drab functional chamber. Up on the bench the presiding judge was already showing signs of irritation. He took his duties seriously and the accused was clearly making a mockery of proceedings by being dead.

Judge X was inherently a well-meaning man but he took a dim view of people being dead when they were due in court. He considered whether an exemplary punishment might be warranted as a warning to others not to be dead when they had serious charges to face.

Worse still, the accused was not only dead, he had refused to show up. Bad enough to stand trial while dead; unforgivable to skip the hearing altogether. In the cage that served as a dock, two guards stood on either side of the empty chair in case the accused tried to escape.

Judge X checked the clock. He pondered having the accused exhumed but that would take time and the judge had promised to appear at a spontaneous pro-Putin rally scheduled for 4pm on the other side of the city. Still, he had instructions to ensure due process. The case would be watched around the world and the authorities had told him to allow nothing that might be used to impugn the integrity of Russian justice.
The accused had made matters worse by insisting on representing himself and refusing to enter a plea.

Judge X had already taken against the accused. The allegations against him were indeed serious. Not only was there the tax evasion charge; but he had slanderously died, in great pain, in detention while awaiting trial, in what could only be seen as a clear attempt to besmirch the name of hard-working officials and police.

Again he asked for a plea. Again silence. Had the accused not thought of the consequences of conviction? The accused’s citizenship could be revoked, he could be exiled, forced to be dead somewhere else.

Perhaps the accused was working towards a plea of mental incompetence? More likely he had been coached in time-wasting by his American paymasters. He studied the accused for clues; but found little to go on, since the wretch was not there. He consulted his two fellow judges and announced his intention to enter a formal plea of not guilty in the defendant’s absence and proceed with the case.

The prosecutor laid out the evidence and immediately called the accused, who did not even bother to deny that he had laundered money and besmirched the names of hard-working police, tax officials and others in an attempt to cover up his own nefarious actions.

Was this man fit to conduct his own defence? Judge X saw his course was clear. The state would have to appoint a counsel for the defence. He adjourned the court and called Ivanov, a lawyer he knew, explaining the peculiarities of the case. The lawyer agreed to take on the brief but only if things could be wrapped up by mid-afternoon as he was due at a spontaneous pro-Putin rally in Promzona at 4pm.

Since the accused would not attend in person, the lawyer Ivanov summoned a medium to contact the spirit of the accused. The court was darkened and the officials joined hands but still it took some time to find the accused. Finally he was located and Judge X warned him he already faced several contempt charges, but the accused – through the medium – apologised profusely and vowed to co-operate. In fact, the medium now informed the court, the accused wished to change his plea. He wanted to acknowledge his guilt and apologise to those fine officials whose names he had besmirched.

Judge X smiled and agreed to hear the accused’s mitigation. This was often a long affair but the medium had to leave early for a spontaneous pro-Putin rally in Victory Park. Happily, the medium advised the court, the accused offered no mitigation and stood ready to face his punishment. The judge was immediately relieved. Sentencing could be deferred for another day but in the circumstances he was inclined to be lenient. The integrity of Russian justice had been gloriously upheld. He checked the clock; there might even be time for a pastry before the rally. payday loan быстрые займы на карту https://zp-pdl.com/online-payday-loans-in-america.php https://zp-pdl.com/fast-and-easy-payday-loans-online.php buy viagra online