WalterDuranty: The Sergei Magnitsky Murder: Siloviki Circle the Wagons

January 22, 2010

BROOKLYN, New York — It has been more than two months since the death of Sergei Mag­nit­sky, a Russ­ian lawyer who died in police cus­tody after being refused med­ical atten­tion. Mag­nit­sky rep­re­sent­ed British investor Bill Brow­der, founder of Her­mitage Cap­i­tal Man­age­ment, in a case involv­ing a huge tax fraud alleged­ly per­pe­trat­ed by Russ­ian police offi­cials and uncov­ered by Mr. Mag­nit­sky. He had spent near­ly a year in pre-tri­al deten­tion, impris­oned with­out charge by the very peo­ple he accused of per­pe­trat­ing the fraud against his clients and the Russ­ian government.

Were it not for his British cit­i­zen­ship, Mr. Brow­der him­self could have wound up in sim­i­lar cir­cum­stances. He has been refused entry to Rus­sia since 2005, despite the fact that he runs one of the largest invest­ment firms in the coun­try and has been a tire­less boost­er of invest­ing in Rus­sia. He is not a polit­i­cal activist or human rights cam­paign­er; instead, he cham­pi­ons investors’ rights, which are also severe­ly tram­pled in Rus­sia. He refused to play by the crooked rules of the coterie of Krem­lin insid­ers and cur­rent and for­mer mem­bers of the secu­ri­ty ser­vices, the so-called silovi­ki, who con­trol busi­ness in Rus­sia. Mag­nit­sky was a tire­less advo­cate of his clien­t’s inter­ests, and he was mur­dered because he refused to flee the coun­try or com­mit per­jury by impli­cat­ing him­self or his client for the crimes of his captors.

Since this case became an inter­na­tion­al sen­sa­tion (though only after Mag­nit­sky’s cap­tors had suc­ceed­ed in killing him), Pres­i­dent Dmit­ry Medvedev has done some house clean­ing, fir­ing top prison offi­cials who over­saw Mag­nit­sky’s deten­tion and non-exis­tent med­ical treat­ment (he died of untreat­ed pan­cre­ati­tis and gall stones, not a heart attack and tox­ic shock as the gov­ern­ment claims). As for the men who orches­trat­ed the fraud and arrest, Vik­tor Markelov, a sawmill fore­man and like­ly a bit play­er in the $230 mil­lion tax fraud, was con­vict­ed in April 2009 of steal­ing gov­ern­ment funds (his con­vic­tion was in fact based on the inves­tiga­tive work of Mag­nit­sky him­self). The two police offi­cers who orches­trat­ed the whole affair, Lt. Col. Atry­om Kuznetsov and Maj. Pavel Kar­pov, have been reas­signed to desk jobs at the Inte­ri­or Min­istry, and no charges are pend­ing against either one. Not a pen­ny of the $230 mil­lion has been recovered.

This is how things usu­al­ly work in Rus­sia when a scan­dal like this breaks. The gov­ern­ment offers up a few sac­ri­fi­cial lambs – this time in the form of Moscow prison direc­tor Vladimir Davy­dov and 19 oth­er prison offi­cials and the fall guy Markelov – but it always pro­tects its own in the police.

For more details on the Mag­nit­sky case, read Bill Brow­der’s let­ter pub­lished in For­eign Pol­i­cy in Decem­ber. You can also lis­ten to an inter­view with Brow­der from The Econ­o­mist, which I high­ly recommend.

Pub­lished on Wal­ter Duran­ty Blog.

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