Magnitsky Family Lawyer Files Complaint about Magnitsky Death Probe Documents Being Passed to the Officers Being Investigated

November 19, 2012

Nikolai Gorokhov, the lawyer for Sergei Magnitsky’s mother, filed a complaint with the Russian General Prosecutor and Russian State Investigative Committee to stop the officials conducting the probe into her son’s death from handing out confidential investigation documents to the officers who are currently being investigated. According to case files obtained by the family’s lawyer, A. Tschukin, head of the Main Investigative Department of the Russian Inevstigative Committee, made the decision to hand over information, including witness statements, to the Investigative Department of the Interior Ministry, whose employees were subjects in the Magnitsky death probe.

The complaint from Nikolai Gorokhov challenges the decision to provide unrestricted access to case files to the Interior Ministry officials who are interested in concealing their liability in Magnitsky’s death. He points out that this represents a gross conflict of interest and creates a threat to the safety of victims and witnesses.

“Acts by the head of the Investigative Department of the Russian Investigative Committee A.V. Tschukin, have created conditions threatening the lives and safety of the victims and others persons who provided witness testimony to the investigation about the role of Interior Ministry officers in the crime against Sergei Magnitsky, who are interested in concealing this data and their liability for the crime,” said Gorokhov in his complaint.

“The head of the investigative body A.V. Tschukin gave permission to the officials of the Interior Ministry’ Investigative Department who were the very same people named by the victim as complicit in the crime against her son, to access criminal case files…, in spite of the apparent conflict of interest…Acts by A.V. Tschukin who provided these files to the persons with conflict of interest and in positions of power, are immoral and unlawful, as they are in contravention with provisions of Article 52 of the Russian Constitution which enshrine the protection of victims’ rights from crimes and abuse of power,” says the complaint.

“This situation is simply intolerable. Not only is it a gross conflict of interest, but the actions of government officials have created a real danger for the victims and witnesses. The very same police officers whom Sergei Magnitsky requested to be investigated when he was still alive, have used their authority to obtain witness statements and other investigative data.” said a Hermitage Capital representative.

The Russian authorities justified the passing of these confidential investigative files to the Interior Ministry on the pretext that the Interior Ministry needed them for the posthumous prosecution of Sergei Magnitsky which they launched last year.

Sergei Magnitsky was arrested and tortured to death in Russian police custody after he had testified about the involvement of police officials in a $230 million tax rebate fraud. Since his death, those officials have been exonerated, promoted and awarded state honours, and then initiated the posthumous case against Sergei Magnitsky, the first ever in Russian legal history.

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