Russian Government Makes Secret the Names of the 12 Prosecutors Involved in the Posthumous Case Against Sergei Magnitsky to Protect them From US Sanctions

July 24, 2012

Following the progress of the Magnitsky sanctions legislation in the US and other countries, the Russian government has taken the unprecedented step of making secret the names of all 12 officials from the Russian General Prosecutor’s Office involved in prosecuting Sergei Magnitsky posthumously.
The group of 12 prosecutors was created on 1 June 2011 by decision of Russia’s General Prosecutor Yury Chaika, following his meeting with then President Dmitry Medvedev, to “strengthen oversight” over investigations in the Magnitsky case. Yuri Chaika announced that the group comprised “creme de la creme” of the Prosecutor’s Office. However, when the lawyer for Ms Magnitskaya requested access to information about the group and its actions, he was stonewalled. All his petitions were rejected on unreasoned ground.

Now Mrs. Magnitskaya’s lawyer sued the General Prosecutor in Simonovsky district court of Moscow seeking to disclose the names of those involved.
In the lawsuit, he stated:
“The special group created inside the General Prosecutor’s Office is overseeing cases where Ms Magnitskaya has either been recognised as a victim or has been assigned an illegal status of “representative of a dead defendant.” Yet, the prosecutor’s office is trying to hide the data about those officials whose actions directly affect her rights, and the rights of her dead son.”

In support of the lawsuit, he cites the Russian Constitution and previous ruling by the Constitutional court which stipulated that Prosecutor’s Office must adhere to full disclosure except where specifically provided for exception by law on state secrets. The Constitutional Court ruling said:
“Prosecutorial bodies act openly, to the extent that it does not contradict the laws on rights and freedoms of citizens, and on state and other specially protected secrets… No restrictions on the rights and freedoms in the sphere of access of information are allowed, including… on the right to obtain data, documents and materials collected by state bodies directly connected to the rights and freedoms of a citizen.”

“The denial to provide Magnitsky’s mother with the names of prosecutors pursuing her son posthumously shows how scared the Russian government is of the sanctions being legislated in the US and Europe. Under the Magnitsky Act in the US, all 12 of these individuals would stand to lose their visas and have their assets frozen,” said a Hermitage Capital representative.

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