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Last year, two Russian oligarchs, Mikhail Khodorkovsky and Platon Lebedev, both nearing the end of lengthy jail terms on corruption charges, were tried and convicted a second time. Observers of the Russian business scene largely agreed that Khodorkovsky and Lebedev had been engaged in shady business practices. They seemed to have done no worse than many of the nation’s other oligarchs, but Khodorkovsky had done something unforgivable: he had sharply criticized Putin and mounted a political campaign against him. The second trial drew harsh criticism around the world from journalists and political leaders. Secretary of State Clinton leveled an unusually harsh charge at the Russian government over the trial, saying it raised “serious questions about selective prosecution—and about the rule of law being overshadowed by political considerations.”
Last month, Russia’s legal community was rocked by a dramatic disclosure when an aide to the judge who presided over the Khodorkovsky-Lebedev trial disclosed in an interview with Gazeta.ru that the judge had been forced to issue a judgment that was not his own:
When you have these sorts of political cases, these things where someone has given an order, they are targeted in advance toward a specific result. And if you refuse that means you’re out of your court. And that’s that. I can tell you that the entire judicial community understands very well that this case has been ordered, that this trial has been ordered.
In an interview with Russian television’s Channel One, the judge involved quickly denied his assistant’s accusations. But the accusations are being widely accepted. Former Soviet President Mikhail Gorbachev:
I fully trust her [the judge’s aide]. People can’t stand it anymore – she saw what was happening with her own eyes. This fact should make up a subject of investigation. There’s no weaseling your way out when you find yourselves in a situation like that. The most assured road to salvation is to tell everything the way it really was.
When lawyer Dmitri Medvedev stood as the establishment’s candidate for the Russian presidency in 2008, he presented a well-honed and passionate critique of the struggle for the rule of law in his homeland. Russia had a “culture of legal nihilism that in its cynicism has no equal anywhere on the European continent,” he said. “We need to understand clearly: if we want to become a civilized state, first of all we need to become a lawful one.” He spelled out what this meant in considerable detail, starting with an overhaul of legal education, better guarantees for the independence of judges, and a more powerful media. Even many of those who had their reservations about Medvedev were taken by this particular criticism and the apparent earnestness with which it was delivered. Now Russia is presented with the most vivid demonstration of its culture of legal nihilism to appear in recent memory, and it happened on President Medvedev’s watch and serving his ostensible interests.
More from Scott Horton:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp
From the June 2014 issue
For the past three years my dosimeter had sat silently on a narrow shelf just inside the door of a house in Tokyo, upticking its final digit every twenty-four hours by one or two, the increase never failing — for radiation is the ruthless companion of time. Wherever we are, radiation finds and damages us, at best imperceptibly. During those three years, my American neighbors had lost sight of the accident at Fukushima. In March 2011, a tsunami had killed hundreds, or thousands; yes, they remembered that. Several also recollected the earthquake that caused it, but as for the hydrogen explosion and containment breach at Nuclear Plant No. 1, that must have been fixed by now — for its effluents no longer shone forth from our national news. Meanwhile, my dosimeter increased its figure, one or two digits per day, more or less as it would have in San Francisco — well, a trifle more, actually. And in Tokyo, as in San Francisco, people went about their business, except on Friday nights, when the stretch between the Kasumigaseki and Kokkai-Gijido-mae subway stations — half a dozen blocks of sidewalk, which commenced at an antinuclear tent that had already been on this spot for more than 900 days and ended at the prime minister’s lair — became a dim and feeble carnival of pamphleteers and Fukushima refugees peddling handicrafts.
One Friday evening, the refugees’ half of the sidewalk was demarcated by police barriers, and a line of officers slouched at ease in the street, some with yellow bullhorns hanging from their necks. At the very end of the street, where the National Diet glowed white and strange behind other buildings, a policeman set up a microphone, then deployed a small video camera in the direction of the muscular young people in drums against fascists jackets who now, at six-thirty sharp, began chanting: “We don’t need nuclear energy! Stop nuclear power plants! Stop them, stop them, stop them! No restart! No restart!” The police assumed a stiffer stance; the drumming and chanting were almost uncomfortably loud. Commuters hurried past along the open space between the police and the protesters, staring straight ahead, covering their ears. Finally, a fellow in a shabby sweater appeared, and murmured along with the chants as he rounded the corner. He was the only one who seemed to sympathize; few others reacted at all.
Number of U.S. congressional districts in which trade with China has produced more jobs than it has cost:
Young bilingual children who learned one language first are likelier than monolingual children and bilingual children who learned languages simultaneously to say that a dog adopted by owls will hoot.
An Oklahoma legislative committee voted to defund Advanced Placement U.S. History courses, accusing the curriculum of portraying the United States as “a nation of oppressors and exploiters.”
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“He could be one of a million beach-bound, black-socked Florida retirees, not the man who, by some odd happenstance of life, possesses the brain of Albert Einstein — literally cut it out of the dead scientist's head.”