Canadian Parliament Introduces Visa Sanctions Legislation for Russian Officials Implicated in Magnitsky Case

October 31, 2011

Press Release

For Immediate Distribution

Canadian Parliament Introduces Visa Sanctions Legislation for Russian Officials Implicated in Magnitsky Case

31 October 2011 – Rt. Hon. Irwin Cotler, MP and a former Justice Minister of Canada, has introduced a new piece of legislation in the Canadian Parliament in the high-profile case of Sergei Magnitsky, an anti-corruption lawyer who was tortured to death in Russian custody.

The new draft legislation would require the Canadian Government to deny entry to the Russian officials in the Magnitsky case and their family members. These visa sanctions have been triggered by the impunity of these officials in Russia two years after the Magnitsky’s death in custody.

Rt. Hon. Irwin Cotler, MP, who previously acted as defense lawyer for prisoners of conscience Nelson Mandela and Nathan Sharansky, said at the introduction of the Bill:

“The ongoing impunity, and indeed, in this instance shocking impunity regarding Russian officials is as scandalous as it is shocking. This legislation will uphold the rule of law, will assure Russian human rights defenders that they are not alone, will protect Canadian business interests in Russia, and in particular will remember and honour the heroic sacrifice of Sergei Magnitsky. He acted on behalf of all of us in his protection of the rule of law.”

The Russian officials in the Magnitsky case have already been banned from entry to the USA by U.S. Secretary of State Hillary Clinton. Similar visa sanctions are currently underway across the EU following a resolution adopted last year by the European Parliament.

The Canadian Bill entitled “An Act to Condemn Corruption and Impunity in Russia in the Case and Death of Sergei Magnitsky” was introduced last Friday. (http://www.parl.gc.ca/HousePublications/Publication.aspx?Docid=5209506&file=4)

The Bill bans from entering or remaining in Canada those Russian officials who were involved in the $230 million tax rebate fraud that Mr. Magnitsky had uncovered, those involved in his wrongful arrest, torture and death in detention, and those involved in the subsequent cover up of the complicit officials . It imposes sanctions on the listed individuals and their family members.

Rt. Hon. Irwin Cotler, MP, said:

“The Bill notes that no objective official investigation has been conducted by the Russian government into the Magnitsky case, despite extensive documented evidence incriminating Russian officials in serious human rights violations, in the embezzlement of funds from the Russian treasury, and in the retaliation against Mr. Magnitsky, nor have the individual persons been identified, apprehended and brought to justice in Russia.” (see speech by Rt. Hon. Cotler at: http://openparliament.ca/bills/41-1/C-339/).

On July 5, 2011, the Russian President’s Human Rights Council issued its findings on the Magnitsky case, which concluded that Sergei Magnitsky had been arrested and detained in breach of the European Human Rights convention and prosecuted illegally by the Interior Ministry officials with a clear conflict of interest. The report highlighted that before his arrest, Sergei Magnitsky had given a testimony about the involvement of his arresting officers in the theft of Hermitage Fund companies and $230 million that these companied had paid in taxes to the Russian government.

Instead of prosecuting the officials named by the Human Rights Council for the false arrest of Mr. Magnitsky on trumped-up charges and the $230 million theft he had uncovered, Russian authorities responded on 30 July 2011 by opening a prosecution against Mr. Magnitsky despite he had been dead for nearly two years. The same Russian Interior Ministry officials who arrested and prosecuted Mr. Magnitsky to silence him, were appointed to the posthumous case against him. As part of this case, in August and September 2011, Mr. Magnitsky’s relatives were summoned for questioning as witnesses.

On 4 October 2011, 53 representatives at the Parliamentary Assembly of the Council of Europe from 29 countries have co-signed the “Sergei Magnitsky Case” Declaration No.49 which urges Russia to immediately prosecute the killers of Sergei Magnitsky and cease the intimidation of his family.

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