Russian officials’ assurances that the death penalty would not be applied to Zakayev proves that there is a legal chaos in Russia. Giving such promises, top government officials admit that the power to adjudicate in this matter lies with them, not with the court. All this talk among various officials, MPs and servile journalists about a moratorium on the death penalty is ridiculous because there is NO document on a death penalty moratorium in Russia. Yes, it’s true that no death penalties have been delivered in Russia since February 2, 1999, but not because of the existence of such moratorium. The reasons were purely technical — a jury system has not yet been introduced in all regions of Russia. As soon as the jury become a common practice, and that could happen in the coming months, there will be no more legal obstacles in Russia for applying the death sentence.
A fair trial is another thing that Russia could not guarantee. Suffice to recall that all legal proceedings on the so called “Chechen” cases were held behind closed doors, inside prisons and prison colonies. The lack of public frankness and accountability in these trials is in breach of the principles of fair justice and is contrary to the Russian Constitution as well.
Much has been said at different levels and written in the press that investigative agencies in this country are corrupt, that they fabricate evidence and subject people to torture. This is a common knowledge now. Public reports of Russian and international rights groups contain plenty of information on this abusive practice.
The “oddities” of the Russian justice that is trying to please the political power by carrying out all its whims and orders are obvious in the case of Zakayev. The North Caucasus prosecutor general’s department put Zakayev on a wanted list in September 2001. A month later at Russia’s request the Interpol has begun an international hunt for Zakayev. Perhaps, Russian officials are referring to these particular orders when they declare that “Zakayev has been on a wanted list for over a year now”. Why then nobody did arrest him at Sheremetyevo-2 airport in Moscow on November 18 of last year when he came to meet with presidential envoy Viktor Kazantsev. For the sake of political schemes of the day, the Russian justice had chosen not to be overscrupulous about the law. That is the true worth of the Russian justice. That is the genuine worth of Russian legal eagles.
Let me then ask how a person of sound judgement and good memory could trust the Russian judiciary system. Only by screwing up one’s eyes and stopping one’s ears. Only then the Dutch judiciary could agree to extradite Ahmed Zakayev to Russia.