Ed Makes A Guest Appearance On The Blog (Illustrations Courtesy Of Peachy)

Dear Reader:

It has been requested, as the British say, that I "get on my legs" and hold forth on the state of the Ukranian criminal legal system, which we are here to assist in reforming by establishing a Public Defender system.

As you know, we are starting in Karkov, a city of contrasts; crumbling Russian cement block buildings beside glittering golden domed cathedrals; broken sidewalks leading to swift, efficient subways; friendly, helpful people with broken spirits; elderly "bubushkas" begging on street corners as oligarchs speed by in polished SUVs, crowded with body guards.
But these observations are best left to Susan's practiced eye. However, I must digress for a moment in praise of my "Peachy." Under rather difficult circumstances, she has found an apartment which she has converted into a warm, homey refuge. I am amazed how she maneuvers around a strange city, in which only Russian is spoken and provides us with all our needs, including delicious meals. Due to her ever present computer, we listen to NPR and BBC radio while sipping our tea and munching on Perogy. This trip would have been of an entirely different character without her. "Full marks" for Peachy.

But back to the task at hand. I have met with the Deputy Minister of Justice, judges, prosecutors, defense lawyers and human rights advocates. I have had the relevant portions of the Constitution and the Criminal Procedure Code translated for me. These laws all codify the same rights we have in our own system. The problem is that there is a contradiction between the written word and the practice in reality.

The typical criminal case commences when a suspect is "invited" to the police station in handcuffs. This does not constitute an arrest, because then the suspect would be entitled to an attorney. During the next 2-3 day period the suspect is expected to confess, like the 90% of other detainees. If the suspect is unreasonably stubborn he is beaten, and I don't mean a little slapping about. Last week a lawyer's client had his eye put out and the week before a man was beaten to death. If a complaint is filed, an investigation consists of other officers asking the abusing officers if they beat the suspect. When the officers state their denial the investigation is closed. If the suspect has money he can negotiate with the police to bribe them to drop the case. If no deal can be made, the case is referred to the prosecutor and the official Investigator, and the suspect is finally entitled to access to an attorney. Each time the attorney wishes to confer with his client in custody, the attorney must obtain a special permit signed by the Investigator or the judge and co-signed by their superiors, a process that takes days each time.

The obstacle to effecting change within the system is that there is no appellate process as we know it. If a case is appealed, the Ukranian Court does not write a decision that could be used as a precedent to reform these practices. The Court merely writes a one line judgment. This leaves the legislature (Rada) as a source of reform, and thus subject to the complications of Ukranian politics. There is one other vehicle that I have proposed. The Constitutional Supreme Court does issue general statements (Resolutions) on constitutional questions, when requested by a trial judge. We will be keeping statistics and examples in the Public Defender Office and seeking a petition, signed by some prominent people, using a request by a sympathetic judge.

A few words about a typical trial may give you an idea of how things work. The court building is quite run-down and in need of repairs. Here you see the door to the courtroom. The wooden hallways are worn by the tread of feet over the decades, with slats of flooring missing or broken. The relatives of the defendant and the victim mill about in the hallway waiting for the court to open. Suddenly everyone scurries to the far end of the hall. The corridor reverberates with a deep growl and sharp bark - the dogs are coming. A soldier appears with a snarling German Shepherd on a chain. When the corridor is cleared, the defendant shuffles toward the court, shackled and chained, between two guards, who force his shaved head to his chest, so he cannot look about.


The courtroom consists of a wood veneer bench, opposing attorney tables, and a rostrum in the center, facing the judge, where witnesses testify. The defendant sits in a barred cage to the side. The inquiry starts with the judge talking directly to the defendant and asking him to confirm his confession or explain why he is not guilty. The Investigator and prosecutor then ask some questions. Finally, the defense lawyer is asked if he or she has anything to say. Then the victim or his family addresses the court, followed by any witnesses. The defendant is then found guilty and the case is recessed for a few days. During this time, the defendant's mother brings parcels of food to the jail to sustain him, and his
family attempts to raise the proper inducements to encourage the authorities or the court to be lenient at sentencing.

Hopefully this gives you a partial picture and a greater appreciation of the need to be vigilant in the protection of our own liberties.