Magnitsky’s Mother Takes Legal Action Against Interior Ministry to Close Second Posthumous Prosecution of Her Son

January 27, 2014

Sergei Magnitsky’s mother has taken a legal action against the Russian Interior Ministry to terminate the second posthumous case against her son. She has also called for an investigation of those officials who are responsible for the case falsification.
“This criminal case is based on a fictitious event, and therefore must be terminated, and there should be a proper investigation launched into those officials who have falsified the records and organized the second posthumous persecution of my son,” says Ms Magnitskaya in her statement.
Magnitsky’s mother believes that the second posthumous case accusing her son of complicity in the $230 million theft that he had uncovered is an attempt to pressure her into dropping her calls for justice.
“Unlawful acts of officials…cause me unjustified suffering and pain which I consider as a new attempt by investigators to force me to withdraw my calls for justice for my deceased son and for bringing to account those responsible for his unlawful prosecution and murder,” says Ms Magnitskaya.
The complaint by Ms Magnitskaya states that Interior Ministry Investigator Urzhumtsev who was the officer who launched the second posthumous Magnitsky case had a material conflict of interest, as he was a friend of Andrei Pavlov, the lawyer who took part in the collusive lawsuits in various courts which were then used to justify the fraudulent $230 million refund uncovered by Mr Magnitsky.
Ms Magnitskaya’s complaint says that Investigator Urzhumtsev was aware of Magnitsky’s testimonies which exposed those involved in the fraud against Hermitage and the $230 million theft, including Andrei Pavlov.
“The inclusion of false data in the criminal case records is an abuse of office, in this case wilful…A significant part in this falsification was performed by Investigator Urzhumtsev, an acquaintance of A.Pavlov… Investigator Urzhumtsev was aware from the materials of the criminal case …that my son during the stated period confronted the criminal group which perpetrated fraud against his client – the three Russian companies of the Hermitage Fund. He knew of my son’s testimonies from 5 June 2008 and 7 October 2008 in which he exposed the perpetrators and the co-conspirators of the theft,” says the statement.
The new criminal case was opened in secrect and kept from Magnitsky’s family.

“Serious violations of constitutional rights of my son who is deprived of an opportunity to defend himself due to his death in detention centre, his incrimination, in secrecy from his relatives, in committing a serious offence, doing so without issuing him a charge, and without a valid court verdict in relation to him, is a clear ground to terminate the criminal case No 678540 which is based on a fictitious crime event,” said Ms Magnitskaya in her statement.

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