Interpol has Re-opened the Browder Red Notice Case on the Back of Magnitsky’s Posthumous Trial

July 3, 2014

Interpol has Re-openedthe BrowderRed Notice Case on the Back of Magnitsky’s Posthumous Trial

3 July 2014 – Documents recently received from Interpol show that the Russian government has successfully convinced Interpol’s Commission for Control of Files to re-open their consideration to issue an Interpol Red Notice for Bill Browder, by submitting Mr Browder’s conviction in absentia in Russia, where he was a co-defendant with the deceased Sergei Magnitsky in the first ever posthumous trial in Russian history.

Two previous Russian attempts to get a Red Notice issued for Mr Browder failed because Interpol deemed those attempts were politically motivated and violated Interpol’s constitution. Shortly after Interpol’s first rejection of Russia’s request for Browder, Interpol’s General Secretary wrote an editorial for the Daily Telegraph newspaper, citing Mr Browder’s case as the example for why reforms are not needed at Interpol (http://www.telegraph.co.uk/news/uknews/law-and-order/10082582/Interpol-makes-the-world-a-safer-place.html).

Strangely, Interpol has now decided to reopen the case based onthe Magnitsky posthumous trial. Interpol’s Commission for the Control of Interpol’s Files said that it plans to re-examine the Russian submission in relation to Mr Browder at its next session in October 2014.

“It would be a true signal of the need for reform of Interpol if a Red Notice were issued on the basis of the first posthumous trial in Europe since Pope Formosus in 897,” said a Hermitage Capital representative.

In July 2013, Sergei Magnitsky was convicted of tax evasion three years after he was murdered in Russian state custody, in the first ever posthumous trial in Russian history. Bill Browder was convicted as his co-defendant in the second ever trial in absentia against a Westerner. The trial was deemed to be politically motivated and illegitimate by the Council of Europe, the European Parliament and numerous international human rights organisations.

The convictions have since been upheld by the Moscow City court in January this year, in the absence of lawyers for Mr Browder and Mr Magnitsky. Instead, they were represented by unknown lawyers appointed by the Russian government.

In addition to presenting Interpol with the convictions from that trial as “new evidence,” the Russian authorities presented a “fresh” arrest warrant for Mr Browder, issued in March this year on the basis of the posthumous trial. The arrest warrant was signed by Moscow judge Elena Stashina, who is sanctioned by the U.S. Government for her role in the false detention of Sergei Magnitsky. Four days before Sergei Magnitsky was murdered in police custody, Judge Stashina prolonged his detention and denied Magnitsky’s medical care requests.

Judge Igor Alisov, who issued the posthumous conviction, was also placed on the U.S. Government’s sanctions list under the ‘U.S. Sergei Magnitsky Rule of Law Accountability Act,’ for his role in concealing the liability of officials involved in Sergei Magnitsky’s death.

The documents used in the posthumous trial were fabricated by Russian Interior Ministry officers, including officers Artem Kuznetsov and Oleg Silchenko, also involved in Sergei Magnitsky’s false arrest and detention, and who are also sanctioned by the U.S. Government, which prohibits U.S. persons from any dealings with them.

Сенатский комитет Конгресса США одобрил глобальную версию закона Магнитского

July 1, 2014

30 июня 2014 года – Комитет Сената Конгресса США одобрил новый глобальный законопроект имени Сергея Магнитского, вводящий адресные санкции в отношении коррупционеров и лиц, попирающих базовые ценности и свободы человека во всем мире.

«Новый законопроект имени Сергея Магнитского, одобренный в Комитете Конгресса США, вводит индивидуальную ответственность для коррупционеров и нарушителей прав человека во всем мире, в виде запрета на выдачу виз и арест активов этих лиц, действующих под прикрытием поощряющих их тоталитарных и авторитарных режимов в своих странах. Это – развитие уже действующего закона Магнитского, продемонстрировавшего свою эффективность и новый механизм противостояния коррупции и нарушениям прав человека в 21 веке», – сказал представитель кампании «Справедливость для Сергея Магнитского».

В действующий санкционный список правительства США по закону Магнитского уже включены 30 человек. Список публикуется на сайте Министерства финансов США (http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20140520.aspx).

В Европе Европейский парламент одобрил список из 32 чиновников и частных лиц, причастных к делу Магнитского.

Глобальный законопроект имени Сергея Магнитского будет вынесен на голосование всего Сената Конгресса США.

Global Magnitsky Human Rights & Anti-Corruption Bill Approved by the U.S. Senate Foreign Relations Committee

July 1, 2014

30 June 2014 – In a landmark vote, the U.S. Senate Foreign Relations Committee has approved a new Global Magnitsky Bill (S. 1933) which builds on the success of Russia-focused Magnitsky legislation by imposing targeted sanctions on corrupt officials and human rights oppressors around the world.

“The new Global Magnitsky Human Rights & Anti-Corruption bill is a historic piece of legislation designed to deter and create consequences for those who are responsible for corruption and human rights violations around the world today. Magnitsky sanctions are the new technology for fighting human rights abuse in the 21st century,” said William Browder, leader of the global Magnitsky justice movement.

The new Global Magnitsky bill expands the authority of the U.S. President to impose targeted sanctions on foreign persons involved in corruption and gross violations. The Global Magnitsky sanctions include visa ban and asset freezes on individual human rights abusers anywhere in the world.

In 2012, the U.S. Congress adopted the Russia-focused Magnitsky Act which imposes such targeted sanctions on individuals who were involved in the torture and killing of Russian anti-corruption lawyer Sergei Magnitsky, the cover up of these crimes, and individuals who are responsible for oppressing other Russian civil rights activists.

Since the adoption of the Magnitsky Act, 30 persons have been placed on the U.S. Government’s sanctions list, including Russian government officials as well as leader of the Klyuev Crime Group responsible for the theft of $230 million of Russian public funds exposed by late Sergei Magnitsky (http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20140520.aspx).

The global Magnitsky bill is the latest in a series of efforts by the US and Europe to build on the Magnitsky Act and end impunity for human rights abusers and corrupt officials around the world.

Following the vote in the Senate Foreign Relations Committee, the next step in the legislative process is for the Global Magnitsky bill to be voted on the Senate floor.

See details on the Global Magnitsky bill:

https://beta.congress.gov/bill/113th-congress/senate-bill/1933

 

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