EU Foreign Policy Chief Wants Russian Authorities to End the Posthumous Prosecution of Sergei Magnitsky

June 14, 2012

In a strongly-worded statement, EU foreign policy chief has demanded that Russian authorities cease the posthumous prosecution of late Russian whistle-blowing lawyer Sergei Magnitsky. Responding to concerns over the case raised by Polish MEP, Marek Migalski, Baroness Catherine Ashton, EU High Representative for Foreign Affairs and Security Policy, said:

“The posthumous prosecution of Sergey Magnitsky should be closed. The pressure exerted on Sergey Magnitsky’s mother and widow in this context is unacceptable.”

“The EU’s position remains that the comprehensive investigation into the death of Sergey Magnitsky has to be brought to conclusion as soon as possible, bringing all perpetrators to justice,” added EU High Representative Catherine Ashton.

However, Baroness Ashton stopped short of addressing the pressing issue of enacting EU-wide visa and economic sanctions on the Russian officials involved in the torture and murder of Mr Magnitsky and the $230 million corruption he uncovered in the heart of the Russian government.

“Ms Ashton’s personal efforts of raising the Magnitsky case with Russian leaders at every opportunity are well intended and honourable. However, at this stage, actions, not words are needed to make any difference for the sake of Mr Magnitsky’s family and thousands of other victims of abuse and repression in Russia. The Russian people are looking upon the EU for targeted naming and shaming of those officials who have murdered their citizen and stole $230 million of their funds,” said a Hermitage Capital representative.

The enactment of visa and economic sanctions on Russian officials in the Magnitsky case was the subject of three resolutions by the European Parliament – in December 2010, December 2011, and February 2012. On 27 February 2012, in addition, the European Union’s parliamentary delegation to the EU-Russia Cooperation Committee unanimously called upon Baroness Ashton and other EU leaders to implement EU-wide visa bans and asset freezes without any further delay. The resolutions were sparked by the impunity of Russian officials two and a half years since Mr Magnitsky’s murder and the pressure by Russian authorities on the Magnitsky family to intimidate them into ceasing their calls for justice.

Last week, the U.S. House Committee on Foreign Affairs unanimously voted for the Magnitsky bill that gives the status of law to the visa bans already in place on the Russian officials in the Magnitsky case, and adds a requirement on the U.S. Treasury to freeze the assets of these officials in the U.S.

Last month, former Belgian Prime Minister Mr Guy Verhofstadt called upon EU leadership to end the policy of “polite appeasement” of the Russian regime for the sake of democracy and change in Russia and enact Magnitsky sanctions.

The EU leadership’s inaction on the Magnitsky sanctions was called “betrayal” by a prominent civil society activist. Zoya Svetova, a journalist with independent New Times magazine and member of the independent prison watchdog, which investigated the circumstances of Magnitsky’s detention and death in custody, and concluded that he had been tortured, said:

“I don’t understand why the European national parliaments are taking so long with the adoption of sanctions on Russian officials included on the Magnitsky list. I don’t understand why the European parliament is adopting more and more formidable resolutions stating that Moscow must investigate the murder of Magnitsky, when it has been plain clear for a very long time that nobody is planning to investigate it… It is high time for the West to remind our authorities of their obligations under the “third basket” of the OSCE – to respect human rights. Otherwise, you must admit that the behaviour of the West is not just pragmatism, and, although it may sound pompous, is simply betrayal.” (http://newtimes.ru/articles/detail/52543/)

“As public protests against the suppression of freedoms and electoral frauds are continuing on the streets of Moscow, and Russian authorities are clamping down on opposition leaders with police searches, summonses for questioning and criminal prosecutions, the argument for Magnitsky sanctions targeting human rights abusers in Russia is unassailable,” said a Hermitage Capital representative.

EU Parliamentary questions raised over the Magnitsky case by Marek Migalski, MEP, at:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+WQ+P-2012-003338+0+DOC+XML+V0//EN

Answers from EU Foreign Policy Chief on Magnitsky case:
http://www.migalski.eu/w-europarlamencie/moj-dzien-w-europarlamencie/catherine-ashton-odpowiada-markowi-migalskiemu-na-pytanie-o-siergieja-magn

EU High Representative for Foreign Affairs and Security Policy website:
http://eeas.europa.eu/ashton/index_en.htm