Russian Investigative Committee Refuses Application from Magnitsky’s Mother to Bring to Account Those Responsible for Use of Rubber Batons on her Son in Detention

January 16, 2015

The Russian Investigative Committee has refused the application from Sergei Magnitsky’s mother to bring to account those responsible for the use of rubber batons on her son before his death in detention.

Mr Veseliev, Deputy head of section of the Main Investigative Department of the Russian Investigative Committee, stated in refusing the application that the decision to terminate the investigation was based on “the collection of gathered evidence” and “was checked by the head of the investigative body and prosecutor, no grounds to change the decision were found.” The decree does not provide any concrete ground in relation to the decision not to investigate the use of rubber batons.
The application from Magnitsky’s mother stated that the use of rubber batons was confirmed by the post-mortem medical examination, yet the investigation closed the criminal case into Magnitsky’s death without bringing to account those responsible. Her application said:

“I request to conduct a full probe by investigative means into the use of special means – metallic handcuffs and rubber batons – on 16 November 2009 at the time when he [Magnitsky] was delivered in grave condition to Matrosskaya Tishina detention center for the purpose of providing him with emergency medical care.”

Sergei Magnitsky died on 16 November 2009. Despite the conclusions from four independent expert examinations that he was tortured in detention, the Russian Investigative Committee has refused to investigate.

Russian InvestigatoroftheInvestigativeCommitteeAndreiStrizhov, who closed the Magnitsky death case investigation,andDeputyGeneralProsecutorofRussiaVictorGrin, the overseeingprosecutor, were bothsanctionedby the US Government attheendofDecember 2014 fortheirrolein concealing the legal liability of persons responsible for Magnitsky’s ill-treatment and death, in accordance with the Sergei Magnitsky Rule of Law Accountability Act of 2012

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