Repressive Criminal Case Against Sergei Magnitsky Opened After His Death in Russia Without His Family’s Consent, Investigators Cleared of Any Wrong-Doing

August 2, 2011

Today a criminal case was posthumously opened against the anti-corruption lawyer Sergei Magnitsky by the Russian Interior Ministry, local media reported.

The criminal case has been opened on orders from the Russian General Prosecutor Office citing a recent ruling of the Russian Constitutional Court which prohibited closing cases without relatives’ consent.

However, the re-opening of the case against Sergei Magnitsky, 20 months after his death, has been carried out without family’s consent by the Interior Ministry, in violation of the principle set out by the Constitutional Court ruling. “This represents a clear abuse of the law and due process”, said a Hermitage Capital representative.

“If this were a legitimate action, the authorities would have sought a family consent as required under the Constitution”, said a Hermitage Capital representative.

The case against the lawyer has been sent by the Russian General Prosecutor’s Office for investigation to the Central Federal District of the Russian Interior Minsitry. This is the same department which has just rejected the finding of the President’s Human Rights Council that Sergei Magnitsky was falsely arrested and killed in custody. This department has also cleared all Interior Ministry officers on the Magnitsky case (including Lt-Col Silchenko, Lt-Col Kuznetsov and others) of any wrongdoing in contradiction to the Council’s findings.

“It is hardly likely that the Interior Ministry officials who dismissed the independent findings of the President’s Human Rights Council, can be trusted to carry out an impartial probe now,” said a Hermitage Capital representatve.

“Were this act to be done in good faith, instead of reviving a case against Sergei Magnitsky when he is dead, the Russian authorities would have opened a criminal case against the Interior Ministry officers who falsely arrested him and were involved in the theft of $230 million he had exposed based on the overwhelming evidence,” further said a Hermitage Capital representative.

One month before his death, on 13 October 2009, Sergei Magnitsky described the motives for his persecution by the Russian Interior Ministry:

“My persecution is being carried out in breach of Article 6 of the Russian Criminal Procedural Code. It is a repressive measure aimed to punish me for the assistance I provided to my client regarding the investigation of the circumstances of the theft of client’s companies Rilend, Mahaon and Parfenion who later were used by the perpetrators to steal from the treasure 5.4 billion roubles [$230 million] that had been earlier paid by client’s companies to the budget…which served as a ground for my illegal criminal prosecution conducted by investigator Silchenko.”

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