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Changing Procedure

Published: 30 January, 2012, 16:37
Edited: 08 February, 2012, 22:02

Since the death of Sergey Magnitsky, great attention has been given to pre-trial detention in Russia. For one thing, the loss of the former Hermitage Capital lawyer – held under allegations of fraud – has resulted in changes to the penal code.

President Medvedev himself made the call for the much-needed surgery, and banned the pre-trial detention of people suspected of economic crimes.

This was done as much with regard for the nation’s health as for any future suspects.The international media extensively covered the death of Magnitsky – the law change being part of a plan to make Russia more investment-friendly.

The action was just, but so far it doesn’t look like the cuts have been deep enough.

This becomes more apparent when looking at the case of a less well-known lawyer. Vera Trifonova also died almost a year into her pre-trial detention, after complaining of ill-health – she was there on charges of fraud.

As in Magnitsky’s case the investigation to date appears far from compelling and complete.The incisions so far made have failed to address – let alone remove- some of the greater problem areas.

The investigation has charged an emergency room doctor, Alexandra Artamonova, with criminal negligence.The inquest alleges she left a catheter in the neck of Vera Trifonova after a medical procedure.

But family members aren’t satisfied with the outcome. They believe prison officials should also stand trial after claiming Vera’s ill health was well known but ignored, and that she was actually killed by an overdose administered by prison staff.

The dispute between the investigative team and bereaved family members again harks back to Magnitsky.

As for the post-op of this legislative reform, judging by this case the problem itself needs further examinations. Changes in this area can only realistically be met if messages from the head of the government can reach the limbs which enact its policy.

To achieve this, those wielding the scalpel will likely have to be braver and be willing to make incisions in areas that may in the short term cause greater pain.

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