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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