Last Words by Sergey Magnitskiy in Russian Court Reveal Human and Legal Rights Abuse

November 20, 2009

Last Words by Sergey Magnitskiy in Russian Court Reveal Human and Legal Rights Abuse

20 November 2009 – The last words by lawyer Sergey Magnitskiy, made in a Russian court, reveal violations of his legal and human rights in breach of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Russian law.

In his last public statement, Sergey Magnitskiy named the violations of Article 3 of the Convention – “Prohibition of torture” – that states that “no one shall be subjected to torture or to inhuman or degrading treatment or punishment,” and of Article 6 – “Right to a fair trial” – that specifies the right for “adequate time and facilities for the preparation of his defence”. He accused the court of condoning these violations and refusing him his basic human dignity.

Sergey Magnitskiy condemned the legal abuses and the inhuman and degrading treatment he was subjected to in the courtroom: he was kept in a cage and chained. He deplored the fact that the basic principle of the equality between the defence and prosecution before the court was violated and stated that the participation of his defence lawyers was simply used to create the appearance of him having legal representation in court. He denounced the fact that the judge refused to provide him and his lawyers with adequate time and facilities to prepare defence objections.

The statement was made in front of Federal Judge of the Tverskoi Moscow District Court Stashina, Investigator Silchenko, Prosecutor Burov and Defense Lawyers Kharitonov and Oreshnikova, last Thursday, 12 November 2009. Following his statement, Sergey Magnitskiy asked his lawyers to withdraw from subsequent participation in the court proceeding.

The judge refused to accept the withdrawal of Sergey Magnitskiy’s defence. At the end of the court hearing, judge Stashina sanctioned the petition by Investigator Silchenko to prolong Sergey Magnitskiy’s detention until 26 November 2009. This would have been two days longer than the maximum period of detention without trial (1 year) possible under the Russian Criminal Procedural Code. The one year limit for Sergey Magnitskiy’s detention was due to expire on 24 November 2009.

Sergey Magnitskiy, a lawyer and father of two children, died on 16 November 2009 in a Moscow prison.

Last Words by Sergey Magnitskiy
at the Moscow Court Hearing
That Sanctioned the Prolongation of his Detention without Trial Beyond One Year
(beyond maximum possible period under the Russian legal procedure)

Tverskoi District Court of Moscow
12 November 2009

Below is the last statement made by Sergey Magnitskiy. It was made on 12 November 2009 in a Moscow court following the rejection of petitions and requests submitted by him and his defence lawyers, seeking his release from pre-trial detention.

“I would like to make a statement, namely that this proceeding violates the principle of equality between the prosecution and defence, because no one has given me the opportunity to understand the perspective of the Prosecutor and what this perspective is based upon.

I would also like to declare that I refuse to allow further participation of my defence lawyers in this proceeding because when I met my defence lawyer, Kharitonov, yesterday, and we discussed the arguments to be used by him and myself during this proceeding, it was based on the materials available to us that had been submitted [by the investigation] to the court. Today new materials have been submitted [by investigators] to the court, and the court has accepted them and rejected providing me and my lawyers with the time we require to prepare my defence, following a review of these additional materials.

The Convention on Human Rights and Fundamental Freedoms stipulates the right to an adequate time to prepare one’s defence. At the current time, my defence lawyers are not prepared to speak at this hearing on the grounds I have stated. I believe that in such circumstances there is no possibility for them to provide me with professional legal assistance and that is why I refuse to allow their participation in today’s court hearing.

Additionally, I myself refuse to participate in today’s court hearing, because today I have prepared, instead, to take part in a court hearing based on a different foundation. My right, which is protected by the Convention on Human Rights and Fundamental Freedoms, for adequate time and facilities to prepare my defence has been brazenly violated, and all petitions that I submitted to the court requesting that this right be ensured, have simply been ignored by the court. That is why I am not going to speak today, and I refuse to take part in and listen to today’s court hearing.”

Additional Quotes from the Statements Made by Sergey Magnitskiy in Court:

• “Part 1 of Article 19, and Part 3 of Article 123 of the Russian Constitution, and Article 15 of the Criminal Procedural Code of Russia establish the principle of equality between the defence and prosecution before the court. However, in contrast to the prosecutor who represents the accusing party, I am placed in the courtroom in a cage that is similar to the cages used to keep wild animals. Placing me in this cage violates my right to be treated like a human being, and shows no respect for my honour and dignity, which is essential to any human being and which is guaranteed by Article 21 of the Constitution. My right not to be subject to inhuman and degrading treatment which undermines human dignity, stipulated by Article 3 of the Convention on Human Rights and Fundamental Freedoms, has been violated.”
• “Earlier, when I was shown the materials, I was chained with one hand. I had to use another hand to turn pages and make notes from them. This is simply a degrading abuse of human dignity. I request to be provided with the materials in a manner that is prescribed by the Instructions for the Processing of Information In Court Proceedings.”

The court hearing was held in Moscow Tverskoi district court on 12 November 2009 at 16:30-18:40.

Judge Stashina approved the petition by Investigator Silchenko to prolong Sergey Magnitskiy’s detention until 26 November 2009.

The one year time limit for pre-trial detention, set out under the Russian Criminal Procedural Code, would have expired, on 24 November 2009, two days earlier than the extension date.

For further information:
Hermitage Capital

44 207 4401777
info@hermitagefund.com

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