ROLE OF DEFENSE COUNSEL IN POLTICAL TRIALS IN THE USSR (UNITED SOVIET SOCIALIST REPUBLIC)

• NCJ Number: 53692
• Journal: Manitoba Law Journal Volume: 7 Issue: 4 Dated: (1977) Pages: 307-324
• Author(s): Y LURYI
• Date Published: 1977
• Length: 30 pages
• Corporate Author: University of Manitoba
• Publication Format: Article
• Language: English
• Country: Canada

Annotation

A FORMER DEFENSE COUNSEL IN THE USSR DISCUSSES THE PROCEDURES FOR SELECTING DEFENSE COUNSELS IN POLITICAL TRIALS AND DESCRIBES THE FUNCTIONS PERMITTED DEFENSE COUNSELS IN ASSISTING THE ACCUSED IN SUCH TRIALS.

Abstract

POLITICAL TRIALS INVOLVING STATE SECURITY IN THE USSR ARE CALLED 'SPECIAL CASES.' ONLY CERTAIN LAWYERS ARE PERMITTED TO ACT AS DEFENSE COUNSEL IN SUCH TRIALS. PERMISSION FOR A GIVEN DEFENSE COUNSEL TO REPRESENT AN ACCUSED IN A PARTICULAR TRIAL MUST BE GRANTED BY THE PRESIDIUM OF THE COLLEGE OF ADVOCATES (THE GOVERNING BODY OF THE ORGANIZATION OF DEFENSE COUNSELS) OF THE JURISDICTION IN WHICH THE TRIAL IS TO BE HELD. WHEN THE ACCUSED DOES NOT SHOW PREFERENCE FOR A PARTICULAR LAWYER TO DEFEND HIM, THE INVESTIGATOR OR THE COURT ITSELF SELECTS A DEFENSE LAWYER FROM A LIST APPROVED FOR 'SPECIAL CASES' HELD BY EACH COLLEGE OF ADVOCATES. DEFENSE COUNSELS ARE GRANTED LICENSES TO DEFEND IN PARTICULAR CASES BASED UPON APPROVED BEHAVIOR IN PREVIOUS CASES. LICENSING DECISIONS MADE BY THE PRESIDIUM OF THE COLLEGE OF ADVOCATES APPEAR TO BE INDEPENDENT OF GOVERNMENT BODIES. SPECIFIC EXAMPLES OF THE OPERATION OF THIS LICENSING PROCESS ARE PROVIDED, AND IT IS NOTED THAT AS MORE CASES ARE DEFINED AS 'SPECIAL CASES' LAWYERS' PRACTICES COME TO DEPEND UPON LICENSING APPROVAL. COURTS HEARING POLITICAL CASES DO NOT RENDER VERDICTS ACCORDING TO EVIDENCE PRESENTED IN COURT; RATHER, VERDICTS AND SENTENCES ARE DECIDED BEFOREHAND AT THE HIGHEST PARTY LEVELS AND IN THE K.G.B. (THE GOVERNMENT INVESTIGATIVE BODY IN STATE SECURITY MATTERS). IT IS CONCLUDED, THEREFORE, THAT THE DEFENSE COUNSEL EXERTS LITTLE IF ANY INFLUENCE UPON THE VERDICT OR SENTENCE DISPENSED BY THE COURT UNDER THE ORDER OF A GOVERNMENT AGENCY. THE FUNCTIONS PERMITTED THE DEFENSE COUNSEL ARE DISCUSSED AS THEY RELATE TO TWO GROUPS OF CASES: THOSE WHERE OUTCOME DECISIONS ARE MADE AT A LEVEL NOT LOWER THAN THE CHIEF OF THE DEPARTMENT OF ADMINISTRATIVE ORGANS OF THE CENTRAL COMMITTEE OF THE COMMUNIST PARTY OR HIS DEPUTY AND THOSE WHERE OUTCOME DECISIONS ARE MADE AT A LOWER LEVEL. THE OPPORTUNITIES PERMITTED THE DEFENSE COUNSEL TO HELP THE ACCUSED IN BOTH TYPES OF CASES ARE DISCUSSED BRIEFLY. (RCB)