Tag Archives: crime

Alexander Mercouris – Legal Analysis Of The Pussy Riot Case

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Alex Mercouris has penned a long and extremely erudite analysis of the case against Pussy Riot. I cannot recommend it highly enough. Go, read.

There are just a few things I would add:

(1) I think one of the closest historical analogues to this case in Anglo world is the 2 month imprisonment of Nicolas Walter for indecency at a Labour Party church service in Brighton for heckling Harold Wilson in 1966 for his support of the Vietnam War. (Imagine swapping those words for “United Russia church service in Sochi”…). Needless to say that “performance” was inestimably more directly political than than that of Pussy Riot.

(2) Re-Mercouris’ question on the precise wording of Article 213 on hooliganism, and whether using weapons is an integral part of it. Here is the text of the law along with my literal translation of the relevant part:

“Hooliganism… committed with: a) the usage of weapons, or objects used as weapons; b) on motives of political, ideological, racial, national, or religious hatred or enmity, or on motives of hatred or enmity towards some social group, – is punished by…”

I do not know if (a) and (b) here have an AND relation, or an OR relation to each other. As a lawyer however I hope Mercouris can furnish the answer to his own question now.

Edit 8/11: This question has been conclusively answered. It’s an “OR.”

Alexander Mercouris – The Guardian And Putin

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Two months ago I wrote an article in which I used data and statistics to show that Russian journalists today under Putin are, contrary to extravagant claims in the Western media, far safer than in several acknowledged democracies such as India or Brazil; far safer than ordinary Russians; and indeed, far safer than they were under Yeltsin. Why then does one get the exact opposite impression from reading the Western media on this subject? Mainly that is because they lean on rhetoric and hyperbole over fact; they deny the utility of comparative perspective; and in some cases, they outright lie or make things up. The Guardian is an example par excellence of all this. On reading a certain Guardian editorial, longtime DR commentator Alex Mercouris noticed that its figure of 200 journalist deaths under Putin clashed irrevocably with ALL estimates from reputed press freedoms watchdogs, most of which converged on a figure of 40 deaths or less. Did The Guardian just make up its own facts? Unable to rest without an answer to this question, Mercouris embarked on an investigation to find out the origins of this massively over-inflated figure… and why The Guardian left it up on their site unchanged for SIX MONTHS after having become aware of their mistake. I am happy to present:

The Guardian and Putin

Alexander Mercouris

As readers of the British newspaper the Guardian know, the Guardian has conducted for many years a fierce campaign against Vladimir Putin.  This began almost from the moment of Putin’s appointment by Boris Yeltsin as Prime Minister in 1999.  I still remember an editorial the Guardian published at the time which called on Yeltsin to sack Putin just a few weeks after he had appointed him.

On 18th December 2011 the Guardian published another in its long line of anti Putin editorials under the provocative title “Truth is being murdered in Putin’s bloody Russia.” The language used in this editorial was extreme even by the Guardian’s standards.  I was particularly shocked by the final sentence, which referred to the Russian state as “slack, slimy and savage”.  Such language seems to me completely inappropriate in an editorial in a serious newspaper with an international readership.

The editorial appeared in print form in the Guardian’s Sunday supplement the Observer and online in the Guardian’s website on “Comment is Free”.  The timing of the editorial on 18th December 2011 is important.  Parliamentary elections took place in Russia on 4th December 2011 over the course of which the pro Putin party United Russia suffered a substantial loss of support, triggering protests amidst allegations of vote rigging.  An unauthorised protest took place in central Moscow on 5th December 2011, which turned violent.  A much bigger peaceful protest took place in Moscow on Bolotnaya Square within sight of the Kremlin on 10th December 2011.  This was followed by a further big protest in Moscow on Sakharov Avenue on 24th December 2011.  The editorial therefore appeared at a tense time in Russia, when the protest movement in Moscow against Putin was at its height and when the Russian and international news media were buzzing with speculation that Putin might be on his way out with rumours circulating of troop movements in Moscow and of a violent crackdown being planned against the protest movement.

The editorial was supposedly written in connection with the murder in Russia’s southern republic of Dagestan in the northern Caucasus of a journalist called Khadzimurad Kamalov.  In emotional and angry language the editorial condemned Kamalov’s murder, which it linked to the murder of what it said were “around 200” other journalists who had supposedly been killed in Russia since Putin came to power.  Amongst the murdered journalists named in the editorial was the famous journalist Anna Politkovskaya who was killed outside her apartment in 2006.  The editorial accused Putin and his government of complicity in these murders as part of a “bloody” campaign to “murder the truth”.

In other words at a time when Putin was facing a challenge in Moscow from the protest movement and at a time when speculation of a violent crackdown on the protest movement in Moscow was rife the Guardian published an editorial that accused Putin and the Russian government of complicity in the murder of “around 200” journalists and which referred to Russia as a “slack, slimy and savage” state.

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Alex Mercouris On Russian Journalists

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His comment on my last article on the safety of Russian journalists was so good, involving detailed and seemingly original research, that I thought it would be good to highlight it in a separate post. Also like the lawyerly way he goes about making his argument. :)

I have spent the last few days working through the websites of the Committee for the Protection of Journalists (CPJ) and of the International Federation of Journalists (IFJ). I have read through their case studies. I would just like to make the following points:

1. Both the CPJ and the IFJ come across to me as sober and honest organisations. Though they use different methodologies and therefore come up with different figures their articles on deaths of journalists in Russia and elsewhere impress me as well researched and well intentioned. I can see no agenda other than a desire to protect and increase the safety of journalists.

2. Though they use different methodologies and come up with different figures both the CPJ and the IFJ say about Russia essentially the same thing, which is that the situation there with respect to the safety of journalists is improving and that the Russian authorities are making a genuine effort to come to grips with the problem and that this effort is starting to achieve success.

3. @ K.F., in that connection, I have to point out that the link you have provided to the website of the CPJ not only bears out my last point and the point Anatoly made in his article, but makes the diametrically opposite point to the one you are trying to make. It reads:

“Russia and Mexico, two of the world’s most murderous countries for the press, are heading in different directions in combating deadly anti press violence. The Committee to Protect Journalists found improvement in Russia as journalist murders ebbed and prosecutors obtained two high profile convictions”.

By contrast the CJP reports that the situation in Mexico is going rapidly from bad to worse.

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Russian Journalists Are Far Safer Than Mexican Journalists, Ordinary Russians, And Their Own Counterparts Under Yeltsin

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One of the most common tropes against Russia is that critical (independent, democratic, etc) journalists there are dying like flies, presumably because of the “culture of impunity” created by Putin or even on his express orders. It is rarely mentioned that the statistical chances of a Russian journalist dying by homicide is an order of magnitude lower than in several countries widely recognized to be “democratic” such as Brazil, Mexico, Columbia, and the Philippines, or that – unlike Turkey or Israel (!) – Russia does not imprison any journalists on account of their professional work. To this end, I compiled a “Journalism Security Index” to get a more objective picture than the politicized rankings produced by outfits like Freedom House that put Russia on par with Zimbabwe.

As usual in these situations, a few graphs are worth thousands of words.

The graph above shows the numbers of journalists killed in Russia for every year since 1992 as compared with other “democratic” countries like Brazil, Mexico, India, and Colombia. As one can see, the situation has improved greatly in the past three years, with only one journalist (in Dagestan) getting killed in 2011; meanwhile, the situation in Mexico has deteriorated to levels unseen in Russia since the early 1990′s. Does this mean that Felipe Calderón is the next Stalin? Or is it that he is just faced with a drugs war that is rapidly spiraling out of control?

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