#11 - JRL 7275
Rosbalt
August 3, 2003
Yuri Budanov: Executioner or Victim?
The case of Colonel Yuri Budanov has roused public opinion in Russia. Moreover, there seem to be two diametrically opposed points of view regarding the Budanov case and the verdict. Once more, advocates of both points of view are convinced that they are in the majority. Therefore, we have decided to publish two opposite views of the situation summarised in the following material.
Army Verdict
Last Friday the Northern Caucasus military court made its verdict in the case of former commander of the 160th tank regiment Colonel Yuri Budanov. He was found guilty on all counts: kidnapping, murder and exceeding the limits of his authority. The court sentenced Budanov to 10 years in prison to be served in a hard labour colony and stripped him of his military rank and medals.
Budanov was charged with the kidnapping and murder of 18-year-old Elza Kungaeva, who resided in the Chechen village of Tangi-Chu. Budanov had a good motive: he said Kungaeva was an accomplice of Chechen rebels who were responsible for killing several of his men.
Since the incident, which took place almost three and a half years ago, Budanov has been in custody. Psychiatrists have researched the soundness of his mind, conducting a total of 6 medical examinations.
Chechnya is rejoicing in the verdict. Chechen President Akhmat Kadirov is also satisfied that the guilty party in harassing the civilian population can be punished. Russian Presidential Advisor Sergey Yastrzhembsky was also satisfied with the verdict speaking for himself and Russian President Vladimir Putin.
The Russian army, which has a legally conservative mentality, has been humiliated and offended by the verdict. They say no government in the world judges the acts of its servicemen when they are carrying out a war mission.
Take for example the most combat effective armies of the US and Israel. When US soldiers were frightened and opened fire on a peaceful Iraqi demonstration killing several participants, their commanders said that it was a mistake. In this case the maximum penalty that awaits the US servicemen who opened fire is minor service penalties. Even Lieutenant Kelly, who during the Vietnam War gave an order to destroy the village of Songmi and its residents, effectively a war crime, received a sentence of only three years.
There have also been examples of Israeli soldiers opening fire on young Palestinians. The reaction to such events, however, by Israeli military commanders, government leaders and public opinion has always been the same: our young men risk their lives and protect our nation's security and therefore their actions are correct and they deserve medals for their deeds.
The verdict in the Budanov case sends a strong message to all Russian officers that they could easily end up in Budanov's place tomorrow. It is clear that the Budanov case is political. This has been shown by the media coverage of the colonel's arrest and the subsequent events as well as coverage of Kungaeva's family and lawyers in the news. The most zealous defenders of the victim still talk of the disgraceful rape allegation, even though it was in fact withdrawn.
These subjective means serve as an open attempt to manipulate public opinion and favour the handing down of such a verdict. Nevertheless, these means seem to have failed because the majority of Russians are convinced that Budanov should be acquitted, which is documented by the results of various surveys. Furthermore, this majority includes by no means just the military.
What is more, the military court did not even answer the question of whether Kungaeva was an accomplice of the rebels. Budanov acted in a situation that can not be regulated by norms of criminal rights. He conducted war activity in enemy territory and because the Russian government does not admit that fact the verdict does not change.
The entire process showed the bias of the military court and public prosecutor in coming to their needed verdict. This is not surprising for an army command and especially general staff that is wallowing in economic machination.
The situation surrounding the Budanov case shows us yet again that the higher courts are prepared to sacrifice the life of the people to pacify rebels and world opinion. But precedents show that conducting politics to pacify rebels only leads to more bloodshed. Moreover, the decision by the higher courts, which is supported by the government, makes the army fighting capability much weaker.
Dmitry Garm
Translated by Richard Sleder
Murderers Must Go to Prison
The guilty verdict in the case of Colonel Yuri Budanov has already created a hullabaloo. Many, as before, insist on the vindication of Budanov. Russian LDPR political party leader Vladimir Zhirinovsky and his followers and other nationalists are already demanding that Budanov become a State Duma deputy. However, for this to happen Budanov must be freed and declared insane or irresponsible for his actions. But exactly why our State Duma would want another insane hero, one who killed a girl is not clear.
Budanov received 10 years of hard labour. Some people believe the verdict was too lenient, while others request more leniency and others are indignant. It is clear that judges will spend a lot of time on sorting out appeals. However, what is important is that the military court punished a war criminal, not a rebel or a commander but a representative of the fighting army. Many have talked about the fact that Russian servicemen have committed and continue to commit many crimes in Chechnya. But now these facts have been legally supported by the government.
While arguments and political discussions surrounding the case of Budanov continue, it is important to remember that he was fulfilling his mission when he committed the murder. The legal process and justice was delayed for over two years because of political actions surrounding the medical diagnosis and psychiatric state of the murderer at the moment of the crime.
It is highly unlikely that Budanov would be considered legally insane. The conclusions of the medical commission consisting of several experts are not more than subjective opinions which could quickly change. But more than medical facts were at play here. Public opinion and the political situation in the country also played an important role. In the eyes of several psychiatrists Budanov could turn into a lunatic. However, after the handing down of the guilty verdict there isn't much chance of such a turn of events.
Who now sympathizes with Budanov and why? First, they are servicemen who are sincerely confident that the goal of the Russian army in Chechnya is to suppress the Chechens and not to fight with rebels. Others, who seem to be in the majority, say that the Russian army is a government within a government and if problems develop in the army then they need to solve them for themselves.
Today the name Budanov has become a slogan in a very dirty game. Lately fascists and extreme nationalists have taken hold of Budanov as if he were a savior. They see him as a natural hero, a fighter for justice, killing a sniper dressed in disguise!
Using skilful methods like the story of an ordinary war criminal, these neo-conservative groups can draw on the sympathy of uneducated and frightened groups of the population who have visions of terrorist acts dancing in their heads. In such a way it is possible to build a martyr, especially in the run up to the new State Duma elections. As a murderer and killer Budanov has become almost a savior of the mythical national idea.
Who knows. If the Budanov case wasn't delayed for almost three years, maybe we could have avoided the bombings in the Tushinsky region of Moscow last month. It is time to understand that such 'genuine colonels' do not bring glory but rather disgrace to the Russian army. The only chance to clean our hands of these people is to turn them over to the authorities and not sacrifice justice through political bargaining.
In defending Budanov, many say that he is paying for all the crimes of the Russian army in Chechnya. He was victimized by public opinion and especially Western public opinion. But Budanov is a murderer who committed a crime by killing a young civilian woman. And a murderer must go to prison. War does not write off everyone's crimes. At the same time most of the villains are free, but that is no reason to let another one go free. We can only hope that the Russian courts don't stop their quest for justice with Budanov.
Maxim Khorkov
Translated by Richard Sleder
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