The following is from an editorial that appeared in the November 20, 2010, edition of The New York Times. SMU Law Professor Jeffrey D. Kahn provided expertise for this.
November 24, 2010
Russia’s newly outrageous legal treatment of Mikhail Khodorkovsky, the former owner of the country’s largest oil company, is a reminder that Russia has yet to grasp the idea of equal justice under law — especially when the Kremlin decides someone is in the way.
Mr. Khodorkovsky was convicted in 2005 on trumped-up charges of fraud and disobeying a court order and lost his company to Kremlin loyalists. Russians call his sort of case “telephone law,” imposed by the politically powerful through a call to the courthouse. With his sentence almost up, he was just tried again on suspect charges of embezzling and money-laundering. The judge is expected to reach a decision in December.
Two decades ago, the United States State Department urged the new Russia to resurrect the jury system, as The Times described this week, to put the law in the hands of the Russian people. Juries had been abolished after the Soviet revolution, along with anything recognizable as courts and lawyers. They were reborn in 1993. . .
More to the point, the old system is not dead. Russia, the scholar Jeffrey Kahn said, has “a lot of bad legal habits.” One is the prosecutor’s “case file,” which sealed the guilt of countless Soviet citizens and retains its terrifying force. Of the 791,802 criminal cases disposed of this year through September, only 465 were decided by a jury.
Read the full editorial.
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