Russian Interior Ministry Rejects the Findings of President Medvedev’s Human Rights Council on the Magnitsky Case

August 2, 2011

 

 

The Russian Interior Ministry has rejected the findings of Russian President Medvedev’s Human Rights Council, which concluded that senior Interior Ministry officers were complicit in the false arrest, torture and death of 37-year old anti-corruption lawyer, Sergei Magnitsky.

In documents issued on 14 July 2011, Investigator Boris Kibis of the Central Federal District of the Russian Interior Ministry stated that the official position of the Russian Interior Ministry is that the President’s Human Rights Commission report was “inadmissible” and the officials in the Magnitsky case have committed no wrongdoing. Furthermore, Kibis concluded there is no basis to open a criminal case against them.

These Interior Ministry findings follow the second intervention by President Medvedev in the Magnitsky case, when, on 31 May 2011, he ordered Russian law enforcement agencies to reexamine their role in the events leadings up to Magnitsky’s death. In response, the Head of the Russian Interior Ministry’s Central Federal District, Pavel Lapshov and Investigator Kibis, were assigned responsibility of overseeing the “impartial investigation” into the Interior Ministry’s role in Magnitsky’s death. Investigator Kibis was also appointed to replace Investigator Oleg Silchenko, who was personally responsible for the arrest and torture of Sergei Magnitsky in custody.

In his written communications with lawyers for Hermitage Capital regarding the wrongful conduct of Investigator Silchenko and his team on the Magnitsky case, Interior Ministry Investigator Kibis stated:

“The Report by the President’s Human Rights Council from 5 July 2011 on the circumstances of the death of S. L. Magnitsky does not contain any information identifying the existence or absence of circumstances to be proven in this case … From the information cited, one can find no grounds to conduct any checks into the alleged wrongdoing of members of the investigative and operational team on Case 153123 [the case under which Magnitsky was falsely arrested and detained for one year until his death in custody].”

Investigator Kibis further stated:

“From the grounds cited in the petition [findings by the President’s Human Rights Council and previous complaints], I find no grounds to conduct a probe into the wrongdoing by members of the investigative and operational team on Case 153123. The review of the materials of this criminal case has shown that all complaints and petitions during the pre-trial investigation regarding the facts of illegal and unjustified decisions of officials has already been considered by investigative authorities and courts in accordance with the procedure stipulated by the law.”

In a separate written communication to Hermitage Capital’s lawyers, Mr. Lapshov stated:

“No data has been found indicating any violations of human rights, access to justice or restrictions on lawyers.”

These latest conclusions by the Russian Interior Ministry fully contradict the findings by the President’s Human Rights Council, which determined Magnitsky was arrested unlawfully, denied medical care, and beaten to death in custody. The Human Rights Council further concluded that the $230 million theft from the Russian Treasury that was perpetrated by Interior Ministry officials – as exposed by Magnitsky prior to his arrest and death – has not been properly investigated.

The Russian President’s Human Rights Council presented their independent findings on the Magnitsky case to President Medvedev on 5 July 2011. In particular, the Council’s report cited evidence that Magnitsky was arrested in violation of the law and prosecuted by the same Interior Ministry officers he had exposed prior to his arrest in the theft of $230 million of public funds, the largest known tax refund fraud in Russian history. Further, despite a clear conflict of interest, the same Interior Ministry officers were appointed to investigate the $230 million theft (i.e. to investigate the crime for which they were named as suspected perpetrators). The Human Rights Council concluded these acts amounted to clear violations of Russian law.

A representative from Hermitage Capital said:

“The latest actions by Russian law enforcement bodies clearly show that in the absence of concerted global action taken outside Russia, no justice is to be expected for Sergei Magnitsky within Russia. Even with the entire world watching, the Russian authorities simply ignore the obvious criminal conduct of officials in their own government and have no interest in obtaining justice for the young life that was been cruelly taken.”

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