Lawyer Blasts Obstruction of Justice in the Trial of Russian Prison Doctor and Names Putin in Magnitsky Death Trial

December 24, 2012

In the final hearing of the Magnitsky death trial of Dmitry Kratov, former head of Butyrka Prison in charge of Magnitsky’s medical care, the lawyer for Magnitsky’s mother, Nikolai Gorokhov, made dramatic closing remarks naming President Putin’s role in obstructing justice for Sergei Magnitsky.

“On 20 December 2012, a political direction was announced for the answer to the question about the causes of death of Magnitsky. President of the country Putin said at the open press conference broadcast on all state TV channels that Magnitsky died, but not from torture, that nobody tortured him, and he had died from heart failure,” said lawyer Gorokhov.

The hearing in Moscow was the last hearing into the role that was played by Dmitry Kratov in refusing Magnitsky medical care which led to Magnitsky’s death. In a surprise development, which followed from President Putin’s statement that Magnitsky died of natural causes, the Russian Prosecutor, Bokov, who brought the case against Mr. Kratov, completely changed his position and asked for Kratov to be acquitted stating that there was no evidence linking Kratov’s actions to Magnitsky’s death.

Lawyer Gorokhov pointed out in the trial that Kratov personally signed the prison records refusing Magnitsky’s complaints about the denial of medical care stating that Magnitsky was fit to be kept in custody in light of his medical condition. The records showed that Kratov was aware of the diagnosis of acute pancreatitis and gallstones five days before Magnitsky’s death. Gorokhov also pointed out that Magnitsky’s mother asked Kratov for medical help for her son two months before his death. Magnitsky himself requested medical attention in writing to Kratov on many occasions as was evidenced by his complaints and witness testimony from his cellmate.

“The request from the prosecutor office to acquit Dmitry Kratov is of no surprise given a statement from President Putin four days ago that Magnitsky died from natural causes and was not tortured in prison,” said a Hermitage Capital representative.

Mr. Gorokhov went on to point out that the entire trial was under political direction and the outcome had been pre-determined by the Russian authorities.

“The opening of the criminal case only in relation to Butyrka medical officials has excluded the possibility to conduct an objective examination of the crime against Mr Magnitsky and prosecution of all persons complicit in his murder,” said lawyer Gorokhov.

Mr. Gorokhov drew attention to the testimony from former Moscow prison official Olga Grigorieva, who stated that that the trial was pre-ordered, the outcome was decided in advance, and that unknown persons have appeared to be directly controlling the trial.

In his closing remarks, Gorokhov listed a number of specific failures by the court to even maintain the appearance of a fair trial. He pointed out that the court refused to identify and question the following witnesses in spite of repeated requests to do so:

1) Eyewitnesses to the use of rubber batons and handcuffs on Magnitsky in the last hour of his life, and of prison officials who formally sanctioned their use,
2) The expert who signed the autopsy reports which showed gaps and irregularities, and was carried out in contravention to established standards,
3) The investigators who failed to obtain CCTV footage from prison where Magnitsky died,
4) The Interior Ministry officers who provided falsified reports used to arrest Mr Magnitsky and prolong his detention,
5) The Interior Ministry generals and prison system officers who sanctioned his numerous transfers between detention centers,
6) The officials from the Russian General Prosecutors’ Office and prison officials who refused Magnitsky’s complaints about medical assistance.

Mr. Gorokhov also pointed out a number of specific and damning failures in the trial against Kratov, including:
1) The refusal to call Magnitsky’s cellmate, Mr Podolin, who provided written testimony to Magnitsky’s family that he had witnessed how Magnitsky had complained directly to Mr. Kratov about the denial of medical care. Mr. Podolin also was ready to state in court that when he gave this testimony to prosecutors after Magnitsky’s death, they told him this part of his testimony was unnecessary for them.
2) The refusal to identify and question the medical personnel who reported to Kratov and were responsible for the medical care of Magnitsky, including to question the paramedic who purportedly examined Magnitsky three days before his death.
3) The refusal to conduct DNA testing and to determine the blood type of organs used as part of the official medical examination given the strong suspicion that Magnitsky’s real organs had been switched to conceal the cause of death.
4) The refusal to examine for authenticity the official medical records in spite of doubts in their authenticity and the evidence of falsification of Magnitsky’s signature.

The court verdict in the Kratov trial will be announced on 28 December 2012.

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