Major Human Rights Group Accuses Russian Interior Ministry Officials in Torture and Crimes Against Humanity in the Death of Lawyer Sergei Magnitsky

April 22, 2010

Major Human Rights Group Accuses Russian Interior Ministry Officials in Torture and Other Crimes Against Humanity in the Death of Anti-Corruption Lawyer Sergei Magnitsky

April 22, 2010 – Ludmila Alekseyeva, Chairwoman of the Moscow Helsinki Group, Russia’s oldest independent human rights organisation, has filed a formal criminal complaint with Alexander Bastrykin, Head of the Investigative Committee of the Russian General Prosecutor’s Office, stating that at least five Russian Interior Ministry officers grossly abused their office, and tortured and murdered Sergei Magnitsky in order to conceal their role in crimes previously exposed by Magnitsky. Ms Alekseyeva, a distinguished Russian human rights campaigner, is drawing on Russian and international anti-torture laws to obtain justice for the late 37-year old anti-corruption lawyer who died in a Moscow pre-trial detention centre on November 16, 2009.

The Moscow Helsinki Group Complaint says:

“This death [of Sergei Magnitsky], however, did not occur accidentally. It did not occur merely through the oversight or negligence of some particular detention center officials. Mr Sergei Magnitsky died from torture that was deliberately inflicted upon him by officers of the Interior Ministry (Silchenko O.F. and Kuznetsov A.K.), and also by subordinates of Kuznetsov A.K (Krechetov, Tolchinsky, Droganov and other ‘unidentified persons’).”

The complaint calls for the immediate opening of an investigation into the Interior Ministry officers – Silchenko, Kuznetsov, Krechetov, Droganov, Tolchinsky – for their role in the torture and murder of Sergei Magnitsky.

“Taking into consideration all the facts, this serves as the basis for a case against the officers of the Investigative Committee of the Ministry of Internal Affairs of the Russian Federation – Major Silchenko O.F. (the head of the investigation team) and the officers: Kuznetsov А.К., Droganov, Tolchinsky and Krechetov (the members of the investigation team) – who investigated the criminal case against Mr Magnitsky S.L. and used torture against him. Specifically, on their instruction and with their direct knowledge, intolerable conditions were created intentionally for Mr Magnitsky in the pre-trial detention centres to cause him physical and psychological suffering by way of continually worsening his detention conditions, exerting pressure on him and denying him necessary medical assistance. This was done in retribution for his testimonies given against officers Lt Colonel Kuznetsov A.K. and Major Karpov P.A. and to make him give false testimonies against himself and his client. I request that you, in accordance with articles 140-141 of the Criminal Procedural Code of the Russian Federation, consider initiating criminal proceedings against the investigator of the Investigative Committee of the Ministry of Internal Affairs of the Russian Federation Major Silchenko O.F., officers Lt Colonel Kuznetsov A.K., Lt Colonel Droganov, Capitan Tolchinsky and Capitan Krechetov based on their use of torture resulting in the death of Mr Sergei Magnitsky,” says the Complaint from the Moscow Helsinki Group.

The Moscow Helsinki Group Complaint specifically bases its demand for an investigation on seven articles of the Russian Criminal Code:

– Article 299 “Illegal persecution of a knowingly innocent person”;
– Article 301 “Illegal arrest, detention and persecution”;
– Article 117 “Torture”;
– Article 302 “Pressure to testify”;
– Article 285 “Abuse of office”;
– Article 105, sub-section “k” “Murder committed to conceal another crime”; and
– Article 105, sub-section “d” “Murder committed with extreme violence”.

The Moscow Helsinki Group Complaint calls upon Bastrykin to abide by Russia’s obligations set out under Article 12 of the UN Convention Against Torture, which requires member states to conduct a swift and impartial investigation of any reported case of torture.

Furthermore, Ms Alekseyeva’s complaint draws upon evidence gathered by the Moscow Prison Oversight Commission, an independent watchdog, along with documents included in the 450 complaints written by Sergei Magnitsky while in detention describing the involvement of Interior Ministry officers in the theft of $230 million from the Russian government. He also exposed their involvement in his torture and the retaliatory persecution against him.

Four months after Magnitsky’s death, the only on-going investigation by the Russian authorities into the death concerns solely the “medical neglect” and “deprivation of care” by the detention centre officers and medical personnel of the centres where Magnitsky was held. No officer has been charged under this investigation. The Moscow Helsinki Group Complaint goes on to criticise the lack of any action taken against the Interior Ministry officers responsible for Magnitsky’s torture and death:

“None of these actions of deliberate torture by the state officers against Mr Sergei Magnitsky… have become a subject for investigation by the competent law enforcement authorities. They are merely content to admit negligence on the part of some particular officers from the administration of the detention centers…

After public attention was drawn to this matter, a criminal case (No. 366795) was opened by a local district…. of the Moscow Prosecutor Office to investigate the lack of medical care and negligence by officers of the pre-trial detention centre in which Sergei Magnitsky was detained… but focusing only on the immediate causes of death. This investigation does not review any other matters relating to the more serious crime committed by the officers of the Interior Ministry, including officers from the Investigative Committee of the Russian Interior Ministry and the Moscow Branch of the Interior Ministry.”

“These law enforcement officials should not think they can sweep this under the carpet or hide behind bureaucratic corruption. The death of Sergei Magnitsky has touched many people all over the world, and the howl of outrage will not subside until the officials responsible for his torture and death are brought to justice,” said a Hermitage Capital spokesman.

The Moscow Helsinki Group is an independent human rights organization established in 1976 to assist in human rights observation and democracy development in Russia in accordance with the Human Rights obligations under the Final Act of the Conference on Security and Cooperation in Europe (Helsinki Accords). To achieve its goals, the Moscow Helsinki Group, since its inception, has dealt with exposing human rights violations and pressuring the authorities to fulfil their international obligations in the human rights sphere. Ludmila Alekseyeva returned to Russia 1993 after previously emigrating, and has headed the Moscow Helsinki Group since 1996.

For more information, please contact:

Phone: +44 207 440 1777

E-mail:
info@lawandorderinrussia.org
info@hermitagefund.com

mhg-main@online.ptt.ru
http://www.mhg.ru/english

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