Sergei Magnitsky was declared free of heart disease 5 days before his death

December 10, 2009

PRESS RELEASE

Sergei Magnitsky, a 37-year old anti-corruption lawyer who died in a Russian pre-trial detention centre on 16 November 2009, was not suffering from heart disease according to official medical reports made five days before his death. Statements made today by unidentified Russian law enforcement agency sources claim Magnitsky died of a cardiovascular disease.

On 11 November 2009, one day prior to the court hearing that prolonged the pre-trial detention of Sergei Magnitsky, head of Butyrka detention centre Komnov and deputy head Kratov wrote to the court and the lawyers stating that Sergei Magnitsky suffered from cholecystopancreatitis and had a normal heart function:

“Letter No 501212-8828 of 11.11.09. Following your request we would like to inform you that Sergei Leonidovich Magnitsky, born 1972, was treated in medical department of FBU IZ-77/2 UFSIN of Russia (“Butyrka”) and received the following diagnosis: gallstones and acute cholecystopancreatitis. His general health conditions are satisfactory. Electro cardiogram – sinusoid rhythm is correct, 66 beats per minute, EOS (electrical axis of heart) is normal, blood pressure – 120/70, pulse 72 beats per minute. Deemed able to participate in court and investigative activity. Deemed able to be held in pre-trial detention. Head of FBU IZ-77/2 UFSIN of Russia (“Butyrka”) Lt Colonel D. V. Komnov, Deputy Head of FBU IZ-77/2 UFSIN of Russia (“Butyrka”) Responsible for medical issues Lieutenant Lt Colonel D. B. Kratov.”

Sergei Magnitsky was arrested in Moscow on 24 November 2008. After seven months in detention, on 1 July 2009, he was diagnosed by doctors at Matrosskaya Tishina detention centre with gallbladder stones, pancreatitis and calculous cholecystitis. He was prescribed with a repeated ultrasound examination and surgery within a month. Instead of arranging the planned surgery, on 25 July 2009 the administration of the detention centre organised the transfer of Sergei Magnitsky to another detention centre, Butyrka, which had no facilities to treat patients with pancreatitis. During August-September 2009, Sergei Magnitsky and his lawyers filed repeated requests for an ultrasound examination that were refused by Butyrka officials on the grounds that their facility did not have an ultrasound machine available and did not have guards available to transport Magnitsky to Matrosskaya Tishina for such an examination.

Over 20 applications from Sergei Magnitsky and his lawyers for the provision of medical treatment filed in August-September 2009 with the Butyrka detention centre officials and medical staff, investigator Silchenko, General Prosecutor Chaika, and judges Krivoruchko and Stashina were refused.

On 2 September 2009, Investigator Silchenko issued a decree to fully deny a request from Sergei Magnitsky’s lawyers about medical treatment.

On 14 September 2009, Judge Krivoruchko in front of Investigator Silchenko and prosecutor Burov rejected formal complaints from Sergei Magnitsky about his denial of medical treatment having ruled that these complaints were irrelevant.

On 9 October 2009, Officer Pechegin of the General Prosecutor Office replied that there was no basis for Prosecutor Office involvement in relation to the complaints about gross violations of Sergei Magnitsky’s rights, including the denial of medical treatment.

On 12 November 2009, Judge Stashina rejected petitions from Sergei Magnitsky’s lawyers about the denial of medical treatment for cholecystopancreatitis, diagnosed in the July 2009 medical examination.

Following his death, Sergei Magnitsky’s lawyers requested an independent specialist be included in the official autopsy. This was denied by the authorities. Lawyers then requested that an independent autopsy be carried out. This was also denied.

Sergei Magnitsky, father of two children, died in police custody after being detained for 12 months without trial. In October 2008, he testified about the involvement of Russian Interior Ministry officials in the theft of his client’s companies and $230 million from the Russian state. A month later, he was arrested by the same Russian Interior Ministry officials. Yesterday, the UK Law Society wrote a letter to Russian President Medvedev urging him to conduct a full investigation into the statements made by Sergei Magnitsky about the involvement of Russian police officers in the theft of $230 million of state funds, his subsequent detention and the pressure exerted upon him with the involvement of the same Russian police officers.

For further information:
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info@lawandorderinrussia.org

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