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Interview with Politkovskaya Lawyer

'It Is Still Unclear Who Killed Her'

Anna Savitskaya represented the family of murdered journalist Anna Politkovskaya in the trial that ended this week without a conviction. She says the verdict shows just how ineffective Russian investigators really are.

SPIEGEL ONLINE: Ms. Savitskaya, did you expect the Politkovskaya case to end with acquittals?

Anna Savitskaya: Yes. That became apparent during the trial. The prosecution did not present enough evidence. The defense, on the other hand, was convincing.

SPIEGEL ONLINE: During the trial you represented Anna Politkovskaya's children Vera und Ilya. Are you disappointed with the jury's decision?

Savitskaya: I respect their verdict. When someone is found not guilty, I take that to mean: they are not guilty. But, in my opinion, the suspects know a fair amount about the deed.

SPIEGEL ONLINE: Investigations by the authorities -- and also by the Novaya Gazeta, the newspaper that Anna Politkovskaya worked for -- have unearthed clues that those who have now been acquitted may indeed have been involved in the case.

Savitskaya: But there is no unambiguous, clear evidence of their guilt. Neither the official investigators nor the prosecution has been able to present such evidence.

SPIEGEL ONLINE: Anna Politkovskaya was murdered more than two years ago and it is still unclear who killed her and who is behind the crime. Is the Russian justice system really unable to find the guilty party in such a serious case?

Savitskaya: It is not just the justice system. It is the entire legal framework, including the security services, the investigators and the police. This has been a showcase for just how inadequate the work of Russian investigators really is. The prosecution works on the premise that it is enough to present whatever sort of evidence -- and the judge will deliver a guilty verdict. This trial shows that the whole system of prosecutors and investigators is helpless when confronted with an independent court and with a professional defense.

SPIEGEL ONLINE: You mean the fact that the verdict was decided by a jury, not judges?

Savitskaya: Had these issues been dealt with by a normal Russian court then it would have been 90 percent certain that the accused would have been convicted. Russian prosecutors are used to having the courts agree with them. In their carelessness they do not present the available evidence in a convincing way. They have forgotten how to do their job properly.

SPIEGEL ONLINE: Is this a general Russian problem?

Savitskaya: The system (is such that) even those who haven't forgotten how to do their jobs properly are prevented from doing so by the system. When they approach prominent and influential people, their investigations are simply suspended. Either because they are afraid or because they are told: It is better if you don't delve any further in that direction.

SPIEGEL ONLINE: In that sense, this verdict could be seen in a positive light?

Savitskaya: It has shown us how ineffectively investigations are being carried out. That now allows us to bring this question to the European Court of Human Rights in Strasbourg. When the court there reaches the conclusion that investigations in Russia are not properly carried out, then the officials will have no other option than to, once again, look for the murderers.

SPIEGEL ONLINE: You hope that those responsible for Anna Politkovskaya's death will still be found?

Savitskaya: I am convinced that it is still possible. And my clients, Politkovskaya's children Ilya and Vera, are doing everything in their power to support the investigation, help it run effectively, and help it to finally secure a result. Had this trial ended with a guilty verdict, this whole case would have simply been checked off. It would have been filed away.

SPIEGEL ONLINE: A few weeks ago one of your colleagues, the lawyer Stanislav Markelov, was shot dead in Moscow. The killer shot Markelov and a companion on a busy street -- he obviously felt very sure of himself and did not fear being caught. Are you afraid?

Savitskaya: I am a fatalist. Whatever is predetermined for me will happen. For that reason, I am not afraid.

Interview conducted by Benjamin Bidder