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Harris Silver

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Russian Democracy Has a Pulse, Now It Needs a Heart

Posted: 01/30/2012 9:50 am

The Arab Spring was made possible by Facebook servers -- sitting in one country affecting another. The ability of information in the form of electrons, to easily pass through borders designed to stop things in the form of atoms, forces us to update our ideas of sovereignty, and the seven billion pieces that give it form -- citizenship.
 
The most simplistic reading of sovereignty is the ability to issue passports, to have a postal system, print money and field an army. But what is the point of a postal system when letters arrive in your inbox without needing stamps? And what is the point of government-issued currency, when we pull out a plastic card instead of paper bills every time we buy things? And what is the meaning of citizenship, when people who are born and live in one country carry passports issued in another? And what is the power of an army when dealing with non-state actors like Al-Qaeda?
 
Perhaps a way to understand the big picture is to look at the small picture. 
 
My attention these days is focused on Russia -- not for the obvious reasons of civil unrest due to election fraud that is currently in the news; the story that has got my attention is smaller but it, too, is a window into the health of Russian democracy.
 
It is the story of an Italian resident and American and Russian citizen, Marianne Grin, who fled Italy for St. Petersburg, Russia with her four children. My friendship with her family is how I initially learned about this story. The rest comes from Russian and Italian newspaper reports and court documents.
 
Ms. Grin has said she has fled to St. Petersburg, Russia to escape domestic violence where she claims to have close family. This is an odd claim as she has no family in Russia. Her mother, the children's maternal grandmother lives in California, as do the children's paternal grandparents.
 
Once in Russia she re-invented herself as a persecuted "Russian mother" playing to cultural xenophobic fears. She appeared on TV, gave interviews, and started a blog drawing attention to herself -- leaving out the fact that she owns property in both Russia and Italy and has a law degree from Harvard University from her new narrative.
 
She has also claimed that the U.S. Consulate tried to break into her apartment and kidnap her children. This seems more like a cry for a help than a serious accusation against the State Department.
 
While the weakness of Russian democracy can be seen through the lens of a recent fraudulent election, another way to get a pulse of this democracy is by looking at the integrity of the press corps. In Russia, it seems as if it is on life support. The transition from a top down authoritarian system under communism that told the press what to write, to the independent investigative system that is essential for a healthy democracy has not gone well. 
 
In fact, it has gone terribly. While the high-profile brutal murders of journalists Anna Stepanovna Politkovskaya, Paul Klebnikov, Khadzhimurad Kamalov are well known, what is less known, but horrifying, is the murder of 213 Russian journalists in the last decade.  With so many journalists killed one can conclude that in order for a reporter to survive it's better not to ask questions. This makes doing one's job as a journalist impossible.  Perhaps, this why none of the reporters verified Ms. Grin's story by talking to the father, family members, or the Italian authorities before publishing it in Russia.
 
When the story was told in Italy, it was radically different than the story told in Russia. According to the leading Italian national newspaper, La Repubblica, Ms. Grin had lost custody after the court-appointed psychologist concluded that she had a severely disturbed personality and posed a danger to her own children. It's not easy for a mother to lose custody in Italy as the Italian courts strongly favor "Mamma" in custody disputes and fathers are awarded exclusive custody in only 1.6 percent of cases
 
The Italian newspapers also reported there had been no domestic violence by the father and others that Ms. Grin had accused of violence.
 
It appears that Ms. Grin was not escaping domestic violence -- rather she was escaping a court judgment that she didn't like. 
 
Why does any of this matter? 
 
I think this case redefines how we can think about the bigger ideas of citizenship and sovereignty and is a window into the state of democracy in Russia. 
 
Let's talk about citizenship first. What does it mean to be a citizen in a world of global employment hop-scotching? There are four children involved here. Three of them were born in Italy, one in the U.S. The children have Russian and U.S. passports, but that's a legal status. What does that mean to a child?  To these kids the only home they have ever known is Florence, Italy. This is where they have been growing up. It's where their schools are and where their friends live. It's their state of mind, and their state of place, until now.
 
Now, through no fault of their own, it seems the children are stateless. The mechanism for protecting children is established. It's called the Hague International Convention Against Child Abduction. The Convention provides for the immediate return of children abducted from their "habitual place of domicile." In July of 2011, Russia joined the convention. This is the first case to come up in Russia after the convention came into force in October 2011. So far it seems that the Russian Foreign Ministry is supporting international child abduction instead of honoring the treaty it signed and has turned a blind eye to the human rights at stake here. The father, family and friends have been denied access to the children; the children's education has been interrupted, and that's cruel.

The safety of the children needs to be made a priority.
 
Given the Italian courts' allegations against Ms. Grin of mental instability, all of this took on a sense of urgency on Nov. 21, 2011 when, in a parallel story, Elke Mellersh left her husband with her two children and fled from England to Turkey, where she also claimed to be protecting them from the father.  She, too, found refuge in local Turkish media, which sensationalized rather than verified her story. The story ends with Elke taking her delusions of protection to the extreme, killing herself and the two small children.
 
Do laws in countries matter? Do laws between countries matter? I would argue that they do now with the new permeability of borders caused by a shift from the analog to the digital more than ever. So while the concept of citizenship remains blurry to me, one thing that would make it clear, and would also be a sign of healthy democracy would be if the children were returned to their home in Italy and reunited with their father, friends, family and classmates in accordance with Italian law, Russian law, and international treaty.

 

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06:07 AM on 03/25/2012
Mr. Silver,
I would draw your attention to the recent coverage of the same story by Ms. Irina Tumakova, a highly regarded journalist whose work has appeared in Isvestia and other mainstream Russian press. Her investigative report appears in the Fontanka newspaper, http://www.fontanka.ru/2012/03/22/024/
The coverage you mention in your article was merely of Russian tabloids (known locally as "yellow journalism") which deal with UFO conspiracy theories as much as themes like the one you discuss. Few regard the tabloids as serious journalism.
Ms. Tumakova, by contrast, did what any real journalist would do: as her article shows, she reviewed documents from the case, interviewed people from all angles of the story. She even reports that Ms. Grin abandoned her children in Russian orphanages. She does not portray Ms. Grin as a "persecuted Russian mother", but a manipulating woman who is more American than Russian, and who has lied in order to exploit Russia's corrupt legal and political system.
The situation you describe is illustrative of what happens when information is referred by tabloids instead of real newspapers. But real, competent journalists do exist in Russia, and they are not afraid to report the truth.
03:46 AM on 02/18/2012
The people of Florence fear for the safety of the children and appeal to Ms. Grin to remember that she is a mother and the wellfare of the children should come before anything else. Please bring them back home to family and friends
http://bringflorentinekidshome.wordpress.com/2012/02/07/international-parental-child-abduction/
04:27 PM on 02/10/2012
A powerful story -- hopefully, the children will soon be returned to their father.
07:51 PM on 02/08/2012
Max Troitsky, a Russian-speaking US Citizen from Pennsylvania is in a sad situation. His estranged wife ( Anna Troitsky a.k.a. Anna Demyanyuk ), a US-Russian dual citizen illegally abducted their US-born US-citizen toddler daughter Julie Troitsky in late November 2011, against the US Court Order, and all the details of this bizarre and unfortunate case are here:

http://www.HelpBringJulieHome.com (site in English and Russian)
and on Facebook: http://www.facebook.com/HelpBringJulieHome
and on Twitter: http://twitter.com/BringJulieHome

Thank you for the help, leads and following of this case...
04:43 PM on 02/03/2012
Dear Harris,

thanks for publishing an Italian "voice".

I grew up in a wonderful family where my father and mother gave me all their love.
By the way I was and am really linked to an aunt that for me was really like a mother.

I would not allow to anyone to separate me from her, since I would suffer a lot now as adult and much more as children.

So I would like to know what do you think about this consideration:

I have always thought that "a parent" is not only the one that gives you birth, but the one that gives you love and support you to become a FREE adult.
How can a person that prevent your choices and stole your freedom set an example of future freedom?
12:18 PM on 02/02/2012
Save the Children and bring them home!!! They belong with Family and Friends in Italy!!!!
03:46 PM on 02/01/2012
The mother, Marianne Grin, is in clear violation of the Rights of the Child and Russia too, if they are helping her hide there with four American children. Eliminating the children's family and friends and keeping them from having contact with anyone is a clear human rights violation!
07:34 AM on 02/01/2012
I am a engaged with a Russian girl and we are planning to have a future together and what I read makes me confident that despite all what can happen between partners the right of the children to live in the place were they grew up, with their friends and their habits are saved thanks to the "Hague International Convention Against Child Abduction."

No one can predict the future ... but no one has the right to make anyone suffer for a choice that is not his/her choice, especially children that cannot defend theirself and do what they REALLY want to do!

I really hope that Russian authorities will make their borders wider and wider to the defense of individual rights.
02:30 PM on 01/31/2012
What is the lesson here? Do not marry a Russian woman and if you do do not have children? I think Italy needs to be made responsible for this, it is a failure on their part. They let a women who they knew was mentally unfit walk out of their country with four small children. How can that be possible? I would like to know what the Italian courts are now doing to rectify their mistakes.
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Harris Silver
08:19 PM on 01/31/2012
Thank you for reading and posting. I think you bring up a good point. While the Italian courts seem to have had no problem issuing judgments about the childrens custody, the Italian authorities seem to have problems asking that their laws that can protect them are enforced. Is it because the Italian authorities don’t have an incentive to protect these Italian children because of their non Italian citizenship? Whatever the answer, it’s clear that system of citizenship is failing to protect the children. But let's also not forget the children are in Russia right now and not Italy.
02:20 AM on 02/01/2012
Thanks Harris, but honestly I would have expected much more from Italy as a country that loves and protects children and frankly I don't expect much from Russia. They don't care about their own children, why should they care about the Italian kids?
03:53 AM on 02/18/2012
Fortunately, I'd have to say 'Men stay away from Russian women!" unless you can protect yourself ahead of time with mirror custody orders, passport limitation, and anything else a great lawyer can think of. As you can see, Russia will never side against the Russian mother in favor of a US man, even if the Russian mother is a danger to the children.
07:18 AM on 01/31/2012
I agree that Italy is hardly able to take the moral high ground on this case, and where was Germany in the handling of the Elke Mellersh case?

The German and Italian courts have outdated laws that favour the mother regardless of the situation. These cases linger for a long time and it takes dramatic events such as child abduction for the courts to act. The system is both slow and inefficient, while many still fail to take parental child abduction seriously. The authorities in the countries involved must work together to address these cases rather than try to blame one another for their failures.

As mixed marriages and international travel become more prevalent, the cross border nature of these cases must be handled accordingly. The convention could be hugely significant if member countries were willing to apply them effectively. What values do these laws have if they are not enforced and don't serve those they seek to protect? It is not just countries like Russia or Turkey, but EU states that are also party to the convention, who fail to act within their capacity in international child abduction cases.
11:03 AM on 02/04/2012
Tashalaws, I love your comment....right on!
If countries can refuse to apply the Convention like Turkey and Russia, then the countries in the Grin and Mellesh cases, Germany and Italy, need to start taking away the mother's rights, not just their custody rights, but their parental rights! This way they will have no right to be with the children anywhere. This is the only way to protect the children in these cases.
02:05 AM on 01/31/2012
Mr. Silver,
As someone who has seen first-hand the devastating effects of international parental abduction on children, thank you and the HP for so eloquently drawing attention to this problem. You are absolutely correct about the serious risks posed to abducted children when countries like Russia ignore their commitments and harbor felons like Grin. It is heart-breaking to read that even her own mother is appealing for their return.
Let's hope Russian democracy and rule of law have a brighter future than this.
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HagueAbductions
Card carrying member of The Patriarchy
01:20 AM on 01/31/2012
While I enjoy seeing journalists call out the pervasive bias in the mainstream media that portrays female criminals as damsels in distress calling out Russia as some sort of exceptionally bad example of this problem misses the forest for the trees.

International child abductions must always confront nationalistic, xenophobic and sexual biases. I follow such cases closely and can confidently say that I can find similar instances where almost every other country's media portrays a women criminally kidnapping children across international borders (ie Child Trafficking) as being a helpless mother "fleeing an abusive situation" and "seeking refuge" with her children.

The "Holly Collins Custody Hoax," involving the United States and the Netherlands, comes to mind (see Collins section):

http://www.fathersandfamilies.org/?p=11890

Another story, involving a wealthy woman who is an expert in martial arts, but still a defenseless victim of domestic violence according to, not just the article, but the chivalrous American courts who heard her sad story of kidnapping (and overturned her conviction):
http://articles.nydailynews.com/2011-07-23/local/29822374_1_vietnam-s-bruce-lee-martial-arts-ly-huong

The sheer one-sided hyperbole of this article from Mexico regarding a child abducted from Canada which gets my nomination as the most xenophobic article ever written on an ICA case (Spanish):

http://sdpnoticias.com/columna/3191/Jueces_mexicanos_favorecen_a_canadiense_contra_madre_mexicana
02:19 AM on 01/31/2012
As someone also engaged in the area of international child abduction, I agree that false or falsified claims of abuse or danger to the children if returned is standard operating procedure by the abductor or (statistically more frequent) abductress. It's the only available defense, in theory, to an order of return under the Hague convention. And, yes, the naïveté of the host country and its press is also fairly common, and Silver is right to point out the potentially deadly risks to children that sensationalist local press will ignore.
But I disagree that Russia is undeserving of special criticism. Some countries are worse than others in ICA, and Russia is a black sheep among the darkest.
As the article points out, Russia very recently committed to respect international law, and in its first case it is flouting, very publicly, that commitment.
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HagueAbductions
Card carrying member of The Patriarchy
05:05 AM on 01/31/2012
Admittedly there's no case history with respect to Russia, but precisely because of that it's unfair to say "they recently committed to respect international law." By not signing the Hague Convention on International Child Abduction Russia was never obligated to abide by its tenets, though a case could certainly be made that it was failing to abide by the UN Child Convention (like most every other country does) and that it was acting immorally. It is the countries who sign the treaty and fail to comply with it who violate international law. It remains to be seen if Russia will be one of those countries. It may very well come down to how susceptible the Russian judiciary is to media and public pressure since the mother's Art 13b defense of there being a "grave risk" due to DV sounds pretty weak.

On the specific topic of Italy and Russia though I am also reminded of Italy's very poor handling of the Liam McCarthy abduction case (among others.) I'm not so sure that Italy can claim any moral high ground either.
04:08 PM on 01/30/2012
The West needs to retire this trope of the Arab Spring's "Facebook Revolution". 1/100th of 1 percent of the world is online, and to justify their elitism needs to "empower" the rest of the world in a way that pays homage to themselves. Your words are an insult to the Egyptian women who have been collectivizing and striking in textile factories for years, for just one example. I guarantee that they don't care about Twitter or your precious Internet.

I don't know what to do with the rest of this; given that the West "opened up" the Soviet economy "in its image" certainly would go far to explain why its media is toothless, just like the media in the West, whose central role is to uphold the dominant system of globalization that somehow is described here in benevolent terms. Most bizarre perhaps is that we should care about some rich woman with a law degree mediating her transnational move on television, as opposed to, say, the transnational displacement of thousands of children trafficked out of Russia (and other source countries) to satisfy the needs of this same class in the West. You want stateless? Come to Palestine. You want lack of citizenship? Talk to anyone forcefully dispossessed of their land and place. A serious reality check is in order here.
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Harris Silver
12:12 PM on 01/31/2012
Dear Zayd,

Thank you for reading and posting. It is unfortunate that the translation of this article in the language that you speak wasn't at a high enough quality and thereby prevented your from understanding it.
03:41 AM on 02/01/2012
What is unfortunate is that your insolence and sense of superiority is reflected in your writing which, unfortunately, finds a venue here online. I guarantee you that I speak, read, and write English, the language of my acculturation, much better than you do. And I understand where you are coming from more than you can know.
02:31 AM on 02/01/2012
IbnZayd,,
What is your point, that nobody should complain about the murders of Russian journalists or that we have a toothless media? Sure, there may be better examples, but that doesn't mean this one is wrong. Of course we should care about women striking in textile factories instead of "some rich woman with a law degree" lying about her case on television. In fact, that's the whole point.
I disagree with Harris Silver that Russian democracy needs a heart. What we really need is a brain.
03:49 AM on 02/01/2012
What is most objectionable here is that anyone who defines themselves among the mediated elite does not then get to turn around and speak for those on the street actually trying to break through such classist stands. I don't believe that this author "cares" about women striking in textile factories, in fact, I don't think he even knows about them. More important is that somehow his elitist reality take credit for such a breakthrough, by ascribing it to Western technologies which, it must be pointed out, are helping his home front spiral down into the fascist dystopia that it has always presaged. In terms of Russia, some historical relevance might be in order: The West certainly does not get to lecture the state of Russian media, when the oligarchist mafias now running that country are exactly modeled on the Western "investors" who opened up her economy for pillaging. There is nothing more offensive than this highhandedness coming from those who applauded the capitalist destruction of Russia, or who see one percent of humanity somehow representing the whole world.
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smellywetdog
Non-Practicing Optimist
03:09 PM on 01/30/2012
In your writing, Harris, for the first time, I can honestly say, you sound like a father. To me, an old friend, a dear friend, with a secret agenda, becoming an uncle to your children, I must confess, I like the way you sound. Increasingly, there seems to be an epidemic of delusional adults, punishing their spouses by limiting access to the children they love and hope to be a part of raising.

Signing a treaty is easy. Living-up to a treaty is hard. Look how poorly America behaved, in a moment of pressure, when it came to torture and living-up to The Geneva Convention. After reading your story, I must confess, if it would help return the children to their family and friends, I'd be in favor of subjecting Marianne Grin to Waterboarding.

While this makes me unfit to be an uncle to your children, it keeps me on track to be a Republican Vice-President.