In the latest issue of “Lawyer Online,” Yuriy Radzievsky, a partner at Barristers LLP, highlights one of the most critical issues in criminal proceedings—the virtual absence of effective judicial oversight during the pretrial investigation phase.

How should it be?

• Investigating judges must oversee the legality of the actions of investigators and prosecutors.
  
• They issue decisions, including on pretrial measures, searches, and the seizure of property.
  
• Before making such decisions, judges must verify the validity of the suspicion and the sufficiency of the evidence.
  

But what is the reality?

A dangerous practice has taken hold in which judges are supposedly not allowed to evaluate the evidence.
This allows investigators and prosecutors to file motions that are not supported by evidence—only by unsubstantiated claims and assumptions.
As a result, people end up in custody without sufficient grounds, and no one is held accountable for this.

Consequences:

• Increased pressure on businesses.
  
• Political persecution.
  
• Violations of citizens’ rights.
  

Defend your rights and don’t be afraid to exercise them. Judicial oversight must work—not just on paper, but in practice.

Learn more in Yuriy Radzievsky’s new video blog