01 March 2015

Presumption of innocence be damned—Putin killed Boris Nemtsov

In this country, the "golden thread" of criminal law, embodied in the Charter of Rights and Freedoms, is the presumption of innocence. To quote the Charter, "Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal." It is one of our most fundamental rights.

In Russia, like due process, it means nothing. President Vladimir Putin runs a gangster state where he can muzzle or murder his critics with impunity. Russia's top investigative body, the Investigative Committee, answers to Putin directly. It announced it is looking into several possible motives for the assassination of opposition leader Boris Nemtsov, including an attempt to destabilize the state, Islamic extremism, the Ukraine conflict and Putin's private life. It pointedly omitted the overwhelmingly obvious motive: Nemtsov's vocal criticism of the president's policies. It seems clear where this investigation will go, or perhaps I should say won't go. We can reasonably assume the Investigative Committee will presume Putin innocent of the murder, regardless of the evidence.

Nemtsov led a weakened opposition, but he was a vigorous and voluble critic. Only hours before his murder he gave a radio interview in which he denounced Putin's "mad, aggressive" policies and the day after he was to help lead a rally protesting Russia's actions in Ukraine and the economic crisis at home. To a former KGB thug like Putin, such dissent is intolerable, just as it was intolerable to the Communism that he served. Putin didn't pull the trigger, and he may not have ordered the hit, but he is primarily responsible for the intolerance and lawlessness that puts the lives of critics of his regime in grave danger. One way or another, he stands responsible for the assassination of Boris Nemtsov. We need not presume innocence here. There can be no doubt where the buck stops.

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