July 01, 2004

Runaway Juries


Jury trials have come under the intense scrutiny in Russia recently for making controversial decisions in prominent cases. 

In late April, a jury trial acquitted four officers who had been charged with murdering six civilians in Chechnya in January 2002 (the so-called “Ulman’s case”), saying their actions had not violated military regulations. A military court confirmed the acquittal. 

The facts in the case were never disputed: The officers, headed by captain Eduard Ulman, opened fire on a truck that failed to obey their order to stop. Six people were in the truck. First one person was killed and two were wounded, then, when the officers realized that the truck was carrying civilians, they tried to provide first aid to the wounded. Then, according to the prosecution, the officers contacted their superiors by radio and were told to kill the survivors and cover up the traces. 

The victims were 69-year-old Said-Magomed Aslakhanov, a village school director, Zainap Dzhavatkhanova, a mother of seven children, her nephew Magomed Musayev, school teacher Abdul-Vakhab Satabayev, forest guard Shakhban Bakhayev, and the driver, Khazmat Tuborov. 

At the time this issue was going to press, the victims’ lawyer and the state prosecutor’s office had appealed the decision to the Russian Supreme Court.

In another case this spring, a jury convicted Zarema Muzhakhoyeva for attempting to blow up a café in Moscow. She was sentenced to 20 years. 

More infamously, this April researcher Igor Sutyagin was convicted by a jury of treason (see Russian Life, May/June 2004), and sentenced to 15 years.

Russian Life will look more closely at the issue of jury trials later this year. Meanwhile, Yuri Levada’s Analytical Center recently published a survey on jury trials which showed that the public is far from convinced that this new form of trial will improve the justice system in Russia. 

 

Today, many trials in Russia are conducted with the participation of the jury. Do you think that, in comparison to a usual trial, a jury trial is:

34% fairer, more independent.

29% less competent, inexperienced, may give in to outside pressure.

23% no different than a bench trial.

14% don’t know

 

With the introduction of jury trials, defendants will be convicted:

14% more often

24% less often

41% same as before

21% don’t know

 

Poll source:Yuri Levada Center.

 

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