There are simply too many people in Russia today in custody. There is
no logical justification for this, from either the legal or economic—not to mention the
moral or humanitarian—points of view. If one realistically examines the chances for
overcoming this awful situation—one that is fraught with danger of a social
upheaval—it is impossible to pin one’s hopes on rapid changes in the overall picture,
either as a result of massive infusions of cash into the criminal justice and penal
systems, or as a consequence of the enlightenment of current and future officers of the
court (although we should seek out the former, and intensely cultivate the latter).
The best bet is probably to concentrate on relatively cheap measures
and programs which may produce readily tangible results. Among these, I would include the
following:
legislative strengthening of the adversarial model of proceedings in
all courts, independent of a jury participation in the process; the instituting of
plea-bargaining, which in fact is already being practiced now in various perverted forms;
and a procedure for conciliation between perpetrators and their victims under judicial
control;
changes in institutional indicators for evaluating the work of law
enforcement officials; making police officers responsible for explaining to those they
arrest their constitutional rights, and reminding of them when appropriate;
forbidding the use of confessions obtained without the presence of an
advocate, or without the prior notification of suspects and the accused of their rights.
Institutions involved in the upgrading of law enforcement officials’ skills ought to
orient them towards proving the guilt of a defendant on bases other than his own
testimony, proceeding from the assumption that he will refuse to make any statements once
the investigation is under way;
organizing a public defender service for advocates within the various
law enforcement agencies, in which potential defense attorneys from different human rights
organizations could also take part; the introduction of public supervision over the
observance of prisoners’ rights, regardless of whatever form of incarceration they are
being subjected to, and employing the services of reliable physicians and lawyers; the
soliciting of extra-budgetary funds for the remuneration of any professional legal
assistance rendered to a defendant;
development of the institution of bail, and a policy of guaranteed
release from detention for those who find themselves accused of petty crimes or
misdemeanors, so long as they have met bail equivalent to the cost of bringing a civil
suit against them, and covering all likely court expenses;
- support for private entrepreneurial initiatives connected with the recovery for the
defendant and his relatives of the bail paid, and with the rendering of intermediary
services for conciliation between a perpetrator and his victims.
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