#1 - JRL 2007-194 - JRL Home
Russia: Powerful New Investigative Body Begins Work
By Brian Whitmore
Copyright (c) 2005. RFE/RL, Inc. Reprinted with the permission of Radio Free
Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036.
www.rferl.org
September 10, 2007 (RFE/RL) -- Russian law-enforcement is in the midst of a
quiet revolution.
On September 7, a powerful new agency called the Investigative Committee,
which will operate alongside the Prosecutor-General's Office, formally came into
existence. Today it opened its doors and began its first full day of work.
Russian officials describe the Investigative Committee's creation as an
attempt to reform and streamline federal law-enforcement. Some call it the first
step toward creating a U.S.-style FBI. But analysts say the move has a political
subtext as well.
Aleksandr Bastrykin, a former law-school classmate of President Vladimir
Putin's, will chair the new agency. Bastrykin, who formerly served as deputy
prosecutor-general, will now have broad powers to operate independently of
Prosecutor-General Yury Chaika.
Dmirty Oreshkin, a Moscow-based political analyst, calls the move an attempt
to curtail the enormous power and influence the Prosecutor-General's Office had
accumulated over the years:
"It [the Prosecutor-General's Office] was too large a center of influence,"
Oreshkin said. "It had judicial authority, police authority, and most
importantly, it has the ability to reveal compromising information about the
most important officials in the Russian Federation. This is very important in
the political battle," Oreshkin added.
Investigative Committee
The new Investigative Committee will indeed usurp many of the
prosecutor-general's powers and manpower. In addition to taking over control of
more than 18,000 investigators formerly employed by the Prosecutor-General's
Office, it will also assume jurisdiction of over 60,000 criminal cases --
including high-profile murders like that of former security officer Aleksandr
Litvinenko and journalist Anna Politkovskaya.
The prosecutor-general, meanwhile, has been stripped of his authority to
direct investigations, seize property, and initiate criminal cases. Chaika, for
example, cannot launch criminal proceedings against Bastrykin -- although
Bastrykin can launch proceedings against him.
Is this a case of Putin trying to rein in the Prosecutor-General's Office?
Oreshkin says the president, in fact, is trying to prevent any law-enforcement
agency -- with the possible exception of the Federal Security Service, or FSB --
from gaining too much power and influence:
"Even though Putin is himself a silovik by background, he understands the
danger in concentrating power and resources in the hands of any law-enforcement
or security structure," Oreshkin said, using the Russian slang term for members
or veterans of the security services.
"Chaika is absolutely loyal. He isn't going to play any dirty games. But it
is better to have several competing law-enforcement and security structures.
They watch each other, they control each other. None of them can play a decisive
role -- with the exception of the FSB," Oreshkin added.
Other law-enforcement agencies such as the Interior Ministry and the Federal
Drug Control Service still have the power to conduct criminal investigations.
Russian FBI?
But Vladimir Pribylovsky, head of the Moscow-based Panorama think tank, says
the Investigative Committee has the potential to develop into a massive power
center if -- as some officials have suggested -- it eventually gains control
over all of Russia's investigative agencies.
"Formally this organization is part of the Prosecutor-General's Office, but
in fact, if you look at the amount of power he has, Bastrykin is in fact another
prosecutor-general," Pribylovsky said. "And his role can get even stronger. If
[the Investigative Committee] takes over all the other investigative agencies
and creates a truly unified Investigative Committee, then it will have enormous
power," Pribylovsky added.
Analysts say it is unclear whether the new system will help or hinder
Russia's law-enforcement and judicial processes.
Aleksandr Gorshkov, a St. Petersburg-based investigative journalist who
writes extensively about law-enforcement issues, says the Investigative
Committee makes perfect sense in theory.
"There is logic behind this decision," Gorshkov said. "The
prosecutor-general's basic function is to control and monitor to ensure that the
law is followed. Investigators needs to be independent. According to this logic,
the establishment of the Investigative Committee is completely logical,"
Gorshkov added.
But in practice, Gorshkov said the new agency could in fact create more
problems than it solves. Conflicts between the Prosecutor-General's Office and
the Investigative Committee, for example, must be resolved in court -- which
could paralyze Russia's already slow justice system.
Moreover, Gorshkov says it is still not clear whether the Investigative
Committee can handle the caseload it has just inherited from the
Prosecutor-General's Office. Gorshkov points out also that the potential for
evidence to be lost as tens of thousands of criminal cases are transferred is
uncomfortably high:
"It will be several months before we can assess how this is turning out. We
need to see how this agency will work and how it will resolve some of the
internal contradictions that are present at the start," Gorshkov said.
The changes in Russian law-enforcement come as a series of high-profile
criminal investigations appear to be picking up momentum.
On August 22, police in St. Petersburg arrested Vladimir Barsukov -- also
known as Vladimir Kumarin -- the alleged leader of the Tambov Group, one of
Russia's most powerful organized crime clans.
Five days later, in a Kremlin meeting with Putin on August 27, Chaika
announced that 10 people -- including a Chechen crime boss, a Federal Security
Service officer, a police major, and three former police officers -- had been
arrested in connection with the Polikovskaya assassination.
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