Text version
0:05

Friends, thank you very much for coming. For

0:08

us, this is very important, both for me and for

0:10

the members of my team, to maintain an ongoing

0:12

dialogue with professional communities

0:14

on one issue or another, and of course the topic of

0:17

reforming the law enforcement system,

0:18

reforming the judicial system, is something that concerns

0:21

Muscovites very deeply. However, it is impossible

0:25

to run for the office of Mayor of Moscow

0:26

to run for one of the

0:28

most important political offices and say nothing

0:30

about judicial reform, about

0:32

how we want to see it, at least

0:34

within

0:35

the competence of Moscow as a constituent entity

0:37

of the Russian Federation: the system of justices of the peace

0:39

falls under its authority, and today I wanted

0:41

to talk with you about what needs

0:44

to be done, what we want both the judicial

0:46

system in Russia and the law enforcement

0:48

system in Russia to look like. In fact,

0:50

the powers of any constituent region of the Federation,

0:53

and especially of Moscow, the capital and a city

0:56

of federal significance, are much broader than

0:58

you said, and they are written into the Constitution.

1:00

We just rarely look at it—we’ve forgotten a little.

1:02

And do you think this is how it works

1:03

right now? This is exactly how it works now,

1:05

although everything functions in a somewhat peculiar

1:07

way. I think it is hard to imagine anything more grotesque in the 21st

1:10

century, in a civilized country, it seems to me,

1:12

than a judicial-and-law-enforcement

1:14

system conceived as a single

1:16

whole. It is the collapse of law—not simply

1:19

as a system of letters and words, but as

1:21

a civilizational value, as

1:23

a universal regulator of human

1:25

relations. Because there cannot be

1:28

a judicial-law-enforcement system.

1:30

There must be a court as a branch of power, and there must be

1:32

a law enforcement system as part

1:34

of the executive branch, accountable

1:36

to the courts. That is roughly the framework,

1:40

the coordinates I see for starting this conversation. And what

1:43

specifically can the Mayor of Moscow

1:44

do, for example, with the courts, with Olga Yegorova (former head of the Moscow City Court)?

1:46

What can Sobyanin do? Well, if

1:49

the city of Moscow is a subject

1:51

with the right of legislative initiative, and there is

1:54

government in this city, Moscow—yes, including

1:57

the head of the executive branch, the mayor—

2:00

then there is one channel of influence right there. That is,

2:04

any authority, whether it is the Mayor of Moscow, whether it is

2:07

the president of the country, or the head of a rural

2:09

settlement, must of course begin with

2:11

self-restraint and be law-

2:14

abiding above all, in order to have the right

2:16

to demand the same from others later on. In

2:18

practice, yes, it turns out that the head

2:21

of the city, the mayor of the capital, for example, has

2:24

a direct relationship to the police (militsiya, the former Russian police structure), to

2:26

appointments, and it is unlikely that anyone would ignore

2:29

his orders.

2:31

So the mayor appoints police officers too?

2:33

Well, again, if there is a court, then one can go

2:35

there and say that the police chief

2:38

is behaving improperly, that the prefect is behaving

2:40

improperly, and any citizen can

2:42

do that, let alone the mayor. But if

2:45

there is no court—well, a Court with a capital

2:47

C, one addressed as “Your Honor,” yes, and one that

2:50

meets the criteria of

2:53

independence and inviolability,

3:00

and acts according to the law—then who does and who does not? For that

3:03

there must be a court. If Mayor Navalny

3:05

were to lose court cases all the time, that would

3:06

be good. Sometimes that would be good, even if

3:10

I personally believe there must not be

3:12

a situation where everyone knows that suing

3:15

the mayor is pointless because against the mayor

3:17

you can never win, as it was

3:18

exactly right, under Luzhkov (former Mayor of Moscow). Then

3:20

the system does not work. But when we speak

3:22

about courts, first of all about the federal

3:24

courts, I know there is an opinion that

3:27

the current personnel selection system

3:30

will in no way ever allow us

3:34

to arrive at a system in which judges are at least

3:37

partly independent. What do you think

3:39

about that? Friends, doesn’t it seem to you that

3:41

we have just identified the main

3:44

problem: that this shell of state

3:46

well, of state power, in fact

3:49

does not work, and what does work is a system

3:51

of informal internal arrangements,

3:54

of loyalties—that is, formally we have

3:56

one thing written down, but in real life we get

3:59

something entirely different. Yes, and moreover

4:01

it begins with the registration of those same

4:03

crimes; that is, everywhere

4:04

there are these loopholes where

4:08

what appears to be a system divided into

4:10

independent blocks is in fact

4:12

built into an absolutely informal

4:14

system of independent agreements at

4:17

all levels. So what are we

4:19

to do about that? We can, after all, rightly

4:21

talk a lot about it. These are not even loopholes anymore; this is already

4:23

a system—the actual system, precisely.

4:25

It is like this today; that is,

4:27

the state functions this way in all its

4:29

manifestations, including in the sphere

4:31

we are discussing, and people are selected

4:34

accordingly. Today the main source of replenishment

4:37

for the judicial corps is not even people

4:39

who have taken off their uniforms—that is, yes, the second most important

4:43

source, which in itself is also

4:45

not entirely right, when

4:48

so many people in uniform come

4:51

and then put on judicial robes. But the main

4:54

source today—who is it? It is young women and

4:56

young men who from a very early age,

4:58

essentially from their school years, have been secretaries and assistants

5:02

to judges, who, you could say, with their mother’s milk

5:05

absorb all this, yes, and they simply do not

5:07

realize that it is wrong.

5:09

They are convinced that this is exactly how

5:11

everything is supposed to be, that there are insiders and there are

5:14

Let me interrupt for a second—very often you hear this view

5:17

from judges: yes,

5:20

court clerks. Well, where else are we supposed to get

5:22

them? There’s no other pool of candidates. Although

5:24

at least court clerks know the procedure.

5:27

And who are we supposed to recruit—lawyers?

5:30

The legal profession—lawyers are busy with bribes.

5:33

The academic community, meanwhile,

5:34

exists completely detached from practice. So what

5:36

do you think about this view,

5:38

which is in fact being imposed

5:40

by the executive branch: that the courts themselves and their

5:42

staff are the only кадровый

5:44

resource for forming the judiciary? It seems to me

5:46

that this is a mistake. In fact, those

5:49

judges who think this way are mistaken, because

5:52

the practice of countries around the world

5:54

shows that the judicial system should

5:57

draw, first and foremost,

6:00

from the legal community, from academia, from circles like

6:04

civil society. But when it comes to

6:08

court employees, even in some

6:11

countries there is simply a cooling-off period

6:14

before someone can take up a judicial post if that person

6:16

worked in the court apparatus for a certain number of

6:18

years: they must either work elsewhere

6:20

or complete further study, and so on. And in

6:23

my view, this issue of

6:25

forming the judicial corps, if

6:28

it is resolved, is one of the key

6:31

tasks—including, it seems to me,

6:35

for an elected mayor, since he can

6:38

at least influence it. It was rightly

6:40

said, and I saw in your

6:43

program the point about the formation of justices of the peace

6:46

and introducing elections for them. But are people

6:49

ready for that?

6:50

We included this in the program, and I

6:52

absolutely believe that Moscow residents are ready

6:56

to elect their justice of the peace by direct

6:58

vote. There is a lot of debate here, and

7:01

a lot of criticism directed at us, and people try

7:03

to prove that a judge is, after all, some kind of

7:05

high-level professional possessing some sort of

7:07

sacred knowledge. Although from my point

7:09

of view, a justice of the peace does not need any sacred

7:11

knowledge at all.

7:13

Still, the formation of justices of the peace

7:16

does, in principle, presuppose

7:18

certain requirements for candidates, which currently

7:20

exist under federal law, and

7:22

second,

7:23

in some regions there are

7:26

public opinion studies

7:29

showing

7:30

that the population is ready

7:33

to elect justices of the peace. Yes, this kind of

7:35

transparency, which is closer to an

7:37

elective system than an appointive one,

7:39

should exist under any method of granting

7:41

judges their powers. That is obvious. But I want

7:43

to return, Alexei, to what you

7:45

said about what people in the judiciary say.

7:48

Why should the judicial corps be formed from clerks and assistants?

7:50

That is what they

7:52

say, and in fact they say it very sincerely. And

7:55

this is a very deeply rooted

7:58

idea. Spell out what the real, not formal,

8:01

criteria are today. After all, what is the criterion now?

8:03

A judge is considered to be working well if everything is in

8:05

order from the standpoint of procedural

8:07

requirements: all the papers are filed in

8:09

the proper order and on time,

8:11

the whole hearing went as expected—'All rise, court is now in session,'

8:14

everything was said as it should be, the parties sat in their

8:17

places, questions were asked,

8:19

what more do you need? The court assessed everything in its totality.

8:22

But this 'process' is not really a process at all;

8:24

it is external formalism, yes.

8:27

Process is about something else. If we are talking

8:28

about judicial process, it means adversarial proceedings

8:31

between equal parties, and a judge as an

8:33

independent arbiter who helps them

8:35

present their position. That is what

8:38

process is. But that is not the process they mean

8:40

when they talk like this—they mean this

8:42

external procedure. And the second criterion,

8:44

again in practice, is that a judge is good if

8:47

their decisions are 'stable,' meaning they are not

8:56

overturned by higher courts. But

9:00

what if—heaven forbid—the higher

9:02

instance was wrong and the judge was right? That is the first point. Second,

9:04

if we deprive a judge of the right

9:07

to have an independent opinion, then that is no longer a judge.

9:09

So, is there a pool of candidates now? Where

9:11

should we draw them from? From the same place the

9:14

civilized world draws them from, exactly as was rightly

9:16

said: the bar, legal scholars,

9:20

lawyers, and, as they used to say, from the broader

9:22

national economy—that is, from the legal

9:25

community in all its aspects, those who

9:27

are ready. But in order

9:31

to get into the courts today, you need to have

9:33

the right connections. I have dealt with this myself; I have already

9:36

spoken about it and worked on these problems. So,

9:39

a young woman comes along; she did not get into some

9:42

university, and there are always notices on court doors

9:46

saying they need clerks,

9:49

couriers, and so on. She gets a job there

9:51

as a clerk. At first she works in the

9:54

court office, then later

10:00

it turns out she is smart and writes without grammatical mistakes.

10:03

After some time, the court chair

10:05

takes notice of her, and when he likes

10:07

that she is efficient and writes well, he

10:10

helps her enroll in law school.

10:13

Five or six years pass,

10:16

she studies part-time, gains the required experience,

10:20

reaches the necessary age, and then she comes to me

10:22

and says: 'Hello, I’ve brought

10:24

my application. I want to become a judge.'

10:26

'Tell me,

10:28

please, are you married? No. Do you have children?

10:31

'Of course not.' Why 'of course'? Children do not

10:33

appear because of a stamp in a passport. How

10:36

are you going to hear family cases

10:39

involving the fate

10:40

of a child? Of course there is no answer. Second question:'

10:44

Do you know how to conduct an interrogation? Of course. And where

10:47

did you learn that? As for me, I keep the record—they

10:50

ask the questions, and I, well, record it

10:54

so it stays in my head. I say, my dear, I

10:57

see it on television, uh, the way they show

11:00

the figure skating championships, but I

11:04

have never—not once. Everyone explains the mistakes, but I have never

11:07

declared any desire to take part. Well,

11:10

how can that be? First a person should work

11:13

as a court clerk, then as an assistant

11:17

to an investigating magistrate, then as an

11:20

investigator, then as a deputy

11:23

prosecutor, then as a defense lawyer, and only then

11:27

not before around the age of

11:31

—so that they have seen everything from all sides and

11:35

gained a certain amount of both professional and

11:38

life experience. When girls come in

11:41

to court straight from university, they know

11:44

nothing about life, not just the law.

11:47

It is understandable that they do not know—there was nowhere to learn it—but

11:50

they understand nothing about life

11:52

at all.

11:59

Every judge has an annual target—200 cases a

12:03

year must be delivered.

12:07

I have never seen a judge like that. But

12:10

if you calculate it empirically, yes, then

12:15

there are no acquittals—well, there are none; the courts are without

12:18

acquittals, if you do not count

12:20

jury trials. And, by the way, magistrates' courts. And why

12:23

are there acquittals in magistrates' courts? Because

12:24

there are many cases there where the state has no particular

12:26

interest, so accordingly one can

12:28

acquit. Why?

12:30

You see, the second thing is, uh, this:

12:32

the ferocity of the punishments being imposed

12:35

even regardless of guilt and the degree

12:37

of culpability—simply a ferocity that

12:40

is disproportionate to everything, to any

12:43

legal criteria, and even from the point of view of

12:45

common sense. Where does this come from? It comes from the fact

12:48

that this law enforcement system

12:50

has fused together, and moreover it kind of

12:52

overwhelms the judiciary, because

12:55

the judge understands that the important people are always those

12:58

who brought the case to them. They will keep watch; if anything happens,

13:02

they will make trouble for the judge. So one has to

13:04

conform to what is expected from that

13:08

side—that is all. Judges themselves say directly

13:10

that we have very few

13:13

acquittals because

13:15

if a case has made it to court, then that means everything

13:18

is settled. If there were any problems, it should have

13:20

fallen apart at the investigation stage; if

13:22

it did not fall apart, then they did not lock someone up for nothing. We

13:24

all know that, yes—and we have always had 'enemies of the people' (a Soviet-era political label)

13:26

around, and all of this is very persistent, very much alive.

13:29

It really is. Well, cases do reach—what I

13:31

mean is, cases reach court

13:34

only because in our system

13:37

the defense is probably in a more

13:40

humiliated position compared with

13:43

law enforcement agencies.

13:45

Law enforcement agencies themselves have

13:47

the right to obtain evidence; they have

13:50

a great many powers for that, whereas the bar

13:52

has virtually none at all. Who today are our

13:55

most

13:56

active authors of legislative

13:58

initiatives? Even those who formally do not have such a right:

14:01

the Investigative Committee

14:04

and the Prosecutor General's Office. And in what

14:06

direction are they pushing things in this sphere

14:08

of criminal procedure? Only in

14:10

one direction: they are taking us back to

14:12

the inquisitorial spirit of the totalitarian era.

14:15

And where are the alternative

14:17

legislative initiatives from those

14:19

official actors whose proposals cannot simply

14:21

be ignored? Speaking of that initiative,

14:24

I wanted to add

14:26

that it was absolutely right to say

14:28

that

14:30

a fundamental

14:32

reform of the procedure for appointing judges

14:35

and ensuring their independence is necessary, but it is clear

14:37

that this is a very long-term undertaking. Besides

14:39

how the judicial system is formed, there is

14:42

substantive law itself—criminal

14:43

law, administrative law—and there is procedural

14:45

law; that is what was really being discussed, yes.

14:47

If the rights

14:49

of the legal profession are changed, that will affect outcomes even with the current

14:51

judicial corps.

14:55

The consequences of this situation with the courts

14:58

can be remedied, for example, through

15:00

case reviews over the course of

15:02

decades, yes, because it is obvious that

15:03

there are a great many unjust convictions, and

15:06

people are simply sitting in prison, including

15:08

—Olga will back me up—an enormous

15:09

number, tens of thousands of people, are imprisoned

15:12

after being improperly convicted. It seems to me

15:14

that an amnesty initiative from the city of Moscow

15:18

for those cases that are most likely

15:21

to have been

15:24

fabricated, and that do not pose too great a

15:26

danger to the public, would be a very

15:27

important initiative.

15:30

Within the expert community, many well-developed

15:32

good and sound proposals do not receive

15:35

implementation, including under the formal

15:38

pretext—which I return to again—that there is no

15:40

subject with the right of legislative initiative

15:42

ready to defend them in such a way that they

15:44

could not simply be dismissed out of hand. Trial by jury—

15:47

the systematic destruction of trial by jury—

15:50

this is not only against

15:52

justice; it is also a distrust of people, of

15:55

citizens, including Muscovites (residents of Moscow). What is this supposed to mean—

15:58

that they, too, are incapable of understanding, that they can

16:01

be intimidated, and so on? These are

16:02

insulting statements, this kind of

16:07

blanket smear, used in part to cover up

16:10

the systematic, systematic reduction of trial by jury

16:13

to some negligible margin,

16:14

which is what we already have today. There are

16:16

alternative proposals in the expert

16:18

community; there are, there are such measured

16:21

that don’t require some kind of terrifying

16:23

revolution either, it seems to me. No one is

16:26

working on this, because everyone realizes

16:29

that the current government

16:31

The political authorities are, in many ways,

16:33

based on the fact that they control

16:35

the judicial system, and therefore any

16:37

legislative initiative, naturally,

16:38

will be blocked. That is precisely why it is important for us

16:41

to change the political

16:43

leadership in power

16:45

the Moscow City Duma, the State Duma, and so on. When

16:48

United Russia loses its majority

16:50

with which it blocks everything under the sun in

16:52

the State Duma, then we can

16:53

hope that at least some

16:55

bills and legislative

16:56

initiatives will be considered. It is

16:58

elementary: a place should be governed by the people who live in it.

17:00

And what should be done? Not long ago, someone wrote to me in

17:03

a private message—a justice of the peace

17:05

whom I do not know, and from a district very far from me.

17:07

She told me that she had recently been

17:11

to the Moscow City Court, where she was called in for a dressing-down

17:13

because she had liked

17:15

the wrong posts on

17:19

Facebook. Well then, that kind of dressing-down

17:22

that judges are summoned to should be

17:25

publicly burned, together with the person who

17:28

organized it. Only a free judge

17:31

can judge free people; everything

17:35

else belongs to those old times.

17:38

By the way, you were talking about

17:40

juries. Quite rightly so, because

17:42

in Tsarist Russia (pre-revolutionary imperial Russia), after all, there was a monarchy

17:46

—a monarchy. What more totalitarianism could you want?

17:48

And yet there, juries heard all

17:52

cases. No,

17:56

don’t be shy about saying that they are incapable of understanding the full

17:59

complexity of these cases and this evidence.

18:02

Good Lord, what is needed from jurors is

18:06

life experience, some kind of everyday

18:09

practical wisdom, and nowhere has anyone

18:13

said or proven that a law professor is

18:16

more competent or smarter than some

18:20

tailor, shoemaker, turner, locksmith, and so

18:23

on. Why don’t you trust us? You know,

18:26

the authorities can feel that times

18:28

are changing. It is very subtle, judging by

18:30

Moscow’s prisons—they are

18:32

being renovated. That is, they are being renovated

18:34

in some way. So, do you think they are

18:36

preparing them for themselves? Well, I think they have come to an understanding

18:40

that adversarial process in

18:42

the courts begins with competition in

18:43

politics. But still, if our

18:48

society somehow manages to achieve

18:49

real political competition, then what

18:52

should be done? Suppose Alexei becomes

18:55

the head of our capital. Then what

18:58

can a person who genuinely wants to

18:59

change this system actually

19:01

do, given that

19:03

the system is what it is? It

19:06

constantly reproduces itself; people

19:08

cannot be replaced all at once. So where is

19:11

the link that needs to be pulled? Well, one simply needs

19:13

to look at the real

19:15

powers. What we were saying about

19:16

the system of justices of the peace is entirely within

19:19

the relevant authority. A law could be passed tomorrow, and

19:22

tomorrow one could begin introducing elections for

19:24

justices of the peace. And that is very important, because

19:26

an ordinary person living an ordinary

19:29

life has 90% of their contact with the judicial

19:32

system limited to the system of

19:33

justices of the peace. Why would such a person go to court?

19:35

Their rights were violated, there is a divorce,

19:38

division of property, and so on—these are all

19:40

matters for justices of the peace. And so I think that

19:43

the very first move in this direction—

19:45

electing justices of the peace in Moscow—would

19:47

be nothing short of a tremendous revolution

19:49

in the judicial system as a whole, which would then, of course,

19:51

interact with

19:52

federal judges on the basis of those

19:54

powers that, as you say,

19:56

fall under its jurisdiction. That is much more

19:58

compli

20:00

cated, but nevertheless we need to move in this

20:02

direction. We simply need to understand that there is no

20:04

single magic key that

20:07

you can just pull out of Koschei’s egg (a reference to the villain Koschei the Deathless in Russian folklore), and then everything

20:11

will suddenly make us all happy. It will not happen. It is hard,

20:15

long

20:16

systematic, persistent work that

20:19

must, on top of everything else, also be highly

20:22

professional. We need to learn to outplay them on a

20:26

professional

20:28

field as well—not only on the political one, but also on the

20:30

professional one. There has to be a fusion

20:32

of both. None of this is simple at all.

20:35

For example, when I look at the judges of

20:37

the Basmanny District Court (a Moscow court often associated with politically charged cases), I wonder how they are not

20:39

afraid to hand down these obviously

20:42

unlawful decisions. Is there really nowhere inside them

20:44

any doubt that in three

20:48

years they could all be imprisoned for this, for

20:50

so plainly

20:53

violating the law? Alexei, many of them sincerely

20:56

believe that they are doing the right and

20:58

useful work.

20:59

Many of them are genuinely convinced that

21:01

this is how it should be: on that side are

21:05

outsiders, on this side are our own people, and on this

21:08

side there is always the prosecutor. This shows up even in

21:10

small things. Do you think they are not

21:12

afraid that the outsiders in their system, the system of

21:15

coordinates, so to speak, will sooner or later take

21:18

power? It seems they, too, have

21:20

some people behind them, and then things will go badly for them.

21:22

Perhaps something like that exists somewhere on a subconscious level,

21:24

perhaps not. But you see, again,

21:26

in order to fear something in a meaningful

21:29

way, one must possess

21:32

certain knowledge—for example, historical knowledge.

21:35

I am very often asked at meetings,

21:36

All right, suppose they elect you mayor. But you

21:39

You understand, the Investigative Committee is against you.

21:40

So what are you going to do about it,

21:41

with the Investigative Committee? What are you going to

21:43

do with the prosecutor's office and so

21:44

on? What should the strategy of

21:47

interaction between the mayor and the

21:49

repressive machine of the law enforcement

21:51

agencies that exists right

21:58

now be? First of all, of course, don't

22:01

set yourself up—that is, calculate the risks.

22:03

And for that, once again, you need a professional

22:05

team. Yes, any decision must not be

22:08

vulnerable, at least by formal criteria. Yes,

22:11

it's clear that subjectivity is another

22:13

matter, but there must be a legal basis behind

22:16

everything any manager decides, especially

22:19

such a major official as the mayor

22:21

of Moscow. And

22:23

second, public authority must be

22:26

clear and transparent. In office, among other things,

22:30

don't lie, don't steal—don't lie and don't

22:32

steal. Unfortunately, there is no miracle

22:35

mechanism here either that would

22:37

fix this. Yes, but again, what is needed is a court. When the court is the kind

22:41

with a capital C, the one that says, "Your

22:44

Honor," and that truly is a

22:46

court, then the situation becomes

22:49

different. We keep entering a certain cycle

22:52

that at some point needs to be

22:53

broken, and whoever takes that on takes

22:56

on major risks, of course. It should

22:59

be understood. It's like the Kirovles case (a well-known Russian criminal case against opposition figure Alexei Navalny): three

23:01

times it was closed, yes, by professionals, but then

23:04

came

23:06

Bastrykin (Alexander Bastrykin, head of Russia's Investigative Committee). You can't do without idealism all the same.

23:08

I also agree with my colleagues that

23:12

there are a great many people in this world working within

23:14

the system who absolutely hate these

23:17

informal arrangements and would like

23:19

to live by the principle that it is better to serve

23:21

than to be servile. So you have to go to

23:24

the security service officers, yes, to

23:27

investigators, to prosecutors, and say: Guys,

23:30

friends, let's live in a normal country

23:32

where each of you will serve, not

23:35

make money. There are many people

23:37

who still go into this line of work, broadly speaking,

23:40

guided by values, and even

23:42

statistics show that under the age of 24 there are almost

23:45

no investigators or

23:47

law enforcement officers who

23:49

get involved in corruption schemes, because

23:51

the system breaks them later. But for now

23:53

they came in as normal people. Those are the people

23:55

you need to appeal to. And again, about money:

23:57

you understand, yes, some make money—but not all.

24:00

Many stay because

24:02

they think they won't find another job

24:04

and they think this job is

24:06

privileged. Many come there,

24:09

you know, probably for some kind of

24:12

thrill, while others come and say

24:14

to themselves: if not me, then who? You understand? And what—

24:18

you left? No, I left. I left for health

24:20

reasons. I had simply gone three years without

24:22

a vacation, and I just

24:25

ran out of strength. Well, I left because

24:26

I understood that I did not want to serve this

24:28

system. I was a small person,

24:30

a tiny cog, but I did everything

24:32

I could. I wasn't afraid; I defended my

24:34

point of view everywhere. You know, when lawyers came to you

24:37

with motions on, on...

24:39

whatever the issue was—lawyers came to me very rarely

24:42

with motions, because I

24:43

did everything necessary to

24:45

actually find the truth, rather than

24:48

rubber-stamp things, as often happens now,

24:51

generally speaking. You know, dear colleagues, since

24:53

we've started recalling personal experience, yes,

24:55

please don't take this as immodesty—just

24:58

as an example from very recent court

25:01

practice, specifically in the Basmanny District Court (a Moscow court often associated with politically sensitive cases), the issue

25:04

of a pretrial restraint measure was being considered in

25:07

relation to my client—the Bolotnaya case (the prosecution of participants in the 2012 Bolotnaya Square protests).

25:10

I was speaking, naturally, with

25:12

objections. Opposite me sat an

25:14

investigator with the rank of major, who had just

25:16

received it while working on the Bolotnaya case. I

25:19

finished my statement and sat down; he, at this

25:22

small table, with us facing each other,

25:24

whispered to me: 'Dmitry Vladimirovich, brilliant

25:26

speech—couldn't agree more.'

25:29

'But you understand,' this newly minted major

25:31

said back to me. I want to say

25:34

that I too was an investigator,

25:36

the head of an investigative body. This

25:38

was in the bad Brezhnev years, then in the

25:41

not very clear-cut perestroika years.

25:44

I also knew how to do what you described, and

25:46

I did it. Now the stock answer is: 'Well, you

25:51

understand'—meaning, how investigative teams are formed

25:54

for commissioned cases and

25:56

why they are formed that way: they gather from all

25:59

over the country lieutenants and senior

26:01

lieutenants and train them on these

26:03

cases, and from a very young

26:06

age they come to understand what is really

26:10

needed to be a 'good' investigator

26:12

today. Then they disperse

26:15

after finishing, while some remain

26:16

as employees of the central office and

26:18

build careers. That's how it is in my cases,

26:20

for example. And everyone sees all this; it is very

26:23

wrong. But I do agree on one thing: these

26:26

young guys absolutely need to be shown an

26:27

alternative. Misha, why did you leave

26:30

investigative work? I know you're one of our idealists.

26:32

Well, 'idealist' is a bit much. It just didn't work out for

26:35

me somehow with the investigative authorities. In

26:39

principle, the only thing I can add

26:42

at this point is that it started

26:44

about three, maybe four years ago: all the people,

26:46

especially the young ones, who knew how to ask

26:49

questions like, 'Why do we have to do it this way, and this

26:53

way?'—on the 'valuable instructions' of various

26:55

supervisors, they were pushed out, and

26:57

they were gradually forced out bit by bit...

27:00

Promising cases got buried under piles of other cases from

27:03

In my professional experience, I’ve seen two such

27:06

striking moments when officers from the

27:08

criminal investigation unit would burst in, kicking the door open, to see a

27:10

judge who was already getting ready to go home. His

27:13

workday was over, and they would shove

27:16

a handcuffed person in there. In handcuffs. And

27:18

they would say, “We’re out here putting criminals behind bars,”

27:21

“and you’re getting ready to go home? Sit down and

27:25

judge this one.”

27:29

That moment—with all the younger

27:31

staff I speak with from time to time—the thought

27:34

got stuck in my head: what a complicated thing the criminal procedure system is

27:36

in general. It’s an extremely complicated thing, and we work

27:39

as best we can. But we do work. So in the end

27:43

we get what we get.

27:45

You know, still, on the subject of

27:47

interaction between an elected mayor and the

27:50

Investigative Committee and other agencies,

27:53

yes, it seems to me I’d still like it to happen in

27:55

a different way, so that he

27:56

would interact differently, and so that the elected mayor, as a result of

27:59

public audits and oversight of

28:02

the work of all government bodies in the city of

28:04

Moscow, would in fact

28:06

forward materials whenever

28:09

any violations are discovered,

28:11

sending the relevant materials to

28:13

the appropriate authorities, and that this

28:16

be done publicly and openly. But tell me,

28:20

are there any Moscow-specific

28:22

bonuses for Moscow special forces, or

28:25

does that not apply? What about Moscow judges?

28:28

Well, Moscow bonuses do exist for

28:30

Moscow investigators and police officers

28:32

—though as far as I know, they were removed in Moscow.

28:34

No, there are no Moscow bonuses now,

28:36

as far as I know. More likely, this is regulated

28:39

primarily through housing issues

28:41

and various things connected

28:43

with infrastructure. Then again,

28:45

the chief judge needs parking,

28:47

the kind people complain about—he wants

28:49

to park, he needs parking here, he

28:51

needs parking there. He needs to solve

28:54

some problem with the boiler room, something

28:56

happened with utilities and court maintenance, because here

28:57

the chief judge is simultaneously

28:59

the court’s director, its facilities manager, and everything

29:01

else under the sun. So through these everyday

29:04

things—apartments, pipes, and parking—they can

29:08

squeeze people. And this system

29:10

has been refined very well. There are veterans’

29:13

organizations that are used to funnel support through, yes,

29:16

I agree, through veterans’ organizations, and

29:18

there are businesses that are told, “Guys,

29:19

you need to help,” and they bring things—not, not directly into

29:22

offices. They give to those who know whom

29:25

to give it to, because later

29:27

the veterans’ organizations end up looking very

29:28

good, because they “find” money

29:31

for apartments, for victims, and so on.

29:34

This

29:34

system of bribery has existed for a very long time.

29:37

That’s it.

29:38

I know less about the

29:41

systems we’re talking about today, but

29:43

I do know that to get into

29:46

the Higher School of the KGB (the Soviet/Russian state security service), yes, for insiders it was $25,000

29:51

—and the border guard academy belonged to the same

29:53

system too, just a bit less. So tell me,

29:56

this person who today

29:59

paid $25,000—is he capable of

30:02

being

30:03

a noble fighter for the interests

30:06

of his own people? For insiders, maybe—but outsiders?

30:09

Outsiders, no.

30:10

He has only one thought in his head:

30:13

an investment has been made. What return,

30:16

what percentage will there be? He has to make that money back. The mayor needs to push the idea of a municipal

30:20

The idea of a municipal

30:22

police force needs to be raised. Exactly.

30:24

Precisely a municipal police force—right now

30:28

yes, yes, in its current form the police

30:30

are impossible under federal law, but we

30:32

talk about this in our platform. More than that,

30:34

we propose what may be, for some, a rather

30:38

unusual way

30:40

of partly solving the problem, but one we

30:42

believe in: hiring private security

30:44

companies. That doesn’t necessarily mean those

30:46

awful private security outfits we know today,

30:49

but the Moscow mayor’s office can absolutely

30:51

hire simple patrol personnel like that

30:54

—outsourcing, outsourcing. I’m afraid that by its very

30:57

nature the system will

31:03

reject cooperation, because

31:05

here are literally two examples. We started talking about cameras

31:08

just now. We had an idea here:

31:10

let’s discuss this—

31:12

there are cameras everywhere, practically speaking, so

31:14

why not use crowdsourcing? Put

31:16

pensioners on it, for example, bring them in

31:18

through the internet—maybe that’s what’s needed.

31:21

Pensioners, fine, whatever—but they tried it

31:24

at least. But we understand

31:26

what these cameras are like. So there’s a stream

31:29

of information coming in, but no one is actually

31:31

monitoring it anyway. There was a scandal that

31:33

half of them were dummies, and half didn’t

31:35

transmit footage at the required resolution,

31:37

yet billions of rubles were spent. At the Anti-Corruption Foundation,

31:39

we worked on this a lot,

31:41

and that’s why they don’t allow

31:43

public oversight of the cameras, because

31:45

the cameras show nothing. The mayor’s office

31:48

must—the mayor’s office must defend the rights

31:51

of Muscovites, and if the mayor’s office understands that

31:54

there are grounds to believe that this particular prefect (district administrator)

31:56

—and the mayor’s office sees from the documents and believes that he

31:58

stole 100 million rubles from the housing and utilities system (about 100 million RUB),

32:02

then it must insist on

32:03

exercising its rights as the injured party.

32:05

That’s all. I’m not saying that as mayor I would

32:07

call a judge and shout, “Come on, lock up this

32:09

good-for-nothing deputy prefect.” No—the mayor’s office simply

32:11

hires a proper lawyer itself,

32:13

an attorney, and says: please defend our rights.”

32:15

the victim's... Go ahead, introduce yourselves, friends.

32:17

Thank you very much. Our time

32:19

is coming to an end. I am very grateful that you

32:21

came. I am very grateful for those valuable

32:23

comments regarding the personnel system

32:25

for selecting judges, regarding those possible

32:27

reforms that can be implemented. Our program

32:30

is a living thing, and we would like

32:32

it to keep improving and evolving,

32:34

to get better, and we need criticism, we

32:37

need feedback. We will definitely take all of it

32:39

and integrate it in order

32:40

to try together to build a society

32:44

that is better, including in terms of judicial

32:46

reform of the court system

32:47

and the law enforcement system. Thank you

32:53

very much. Hooray! Thank you very much.

32:56

Thanks, everyone. Uh... L.

Original