Ambassadors from Council of Europe States Reject Parliamentarians’ Call to Improve Judicial Cooperation in Case Exposed by Murdered Lawyer Sergei Magnitsky
November 12, 2014
Ambassadors from Council of Europe States Reject Parliamentarians’ Call to Improve Judicial Cooperation in Case Exposed by Murdered Lawyer Sergei Magnitsky
10 November 2014 – Foreign ministry officials from the Council of Europe have issued a rejection of demands by parliamentarians from 47-member states to improve international judicial cooperation in the money laundering case exposed by murdered anti-corruption lawyer Sergei Magnitsky.
Chaired by Mr E. Eyyubov, Deputy Foreign Affairs Minister of Azerbaijan, the Strasbourg-based ambassadors comprising the Council of Europe’s Committee of Ministers, the international organisation’s decision-making body, refused to propose any concrete measures that parliamentarians have asked for in their Recommendation entitled “Refusing Impunity for the Killers of Sergei Magnitsky” which was adopted by overwhelming majority in January this year.
The parliamentarians of the Council of Europe’s Parliamentary Assembly asked in their January 2014 recommendation the Committee of Foreign Affairs Ministers to:
“examine ways and means of improving international co-operation in investigating the “money trail” of the funds originating in the fraudulent tax reimbursements denounced by Mr Magnitsky; and, in particular, of ensuring that the Russian Federation fully participates in these efforts.” (http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-EN.asp?fileid=20410&lang=en)
In the response to parliamentarians, the Committee of Ministers ignored the recommendations completely and changed the subject citing several general reports on Russia issued by MONEYVAL, a Council of Europe’s body in the area of anti-money laundering. None of the reports examine the $230 million money laundering case exposed by Sergei Magnitsky in any way.
“Although MONEYVAL does not address individual cases, it aims to provide its members with the capacity to fight money-laundering within their borders and to co-operate in order to prevent transborder money-laundering. At the international level, MONEYVAL works closely together with the Financial Action Task Force on Money Laundering (FATF). The Russian Federation is a member of both these bodies,” said the response from the Committee of Ministers to parliamentarians published on the official Council of Europe website (http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=21312&lang=en).
The diplomatic answer to Council of Europe’s parliamentarians from the Committee of Ministers adopted at the Committee’s session on 22 and 24 October in Strasbourg further said:
“The Committee [of Ministers] reiterates its call for an effective investigation and the bringing to justice of those responsible.”
Justice for Sergei Magnitsky campaign representative said:
“This strange bureaucratic response is defying the efforts of parliamentarians from 47 countries in Europe to achieve some measure of justice in the Magnitsky case. It is also an abandonment of Sergei Magnitsky who paid with his life trying to stop corrupt Russian officials from stealing millions from his country. The appointed diplomats in Europe should heed the call from the elected parliamentarians who have shown the resolve of the people to see that justice is done.”
The parliamentarians’ recommendation was based on the independent investigation into the Magnitsky case conducted by Council of Europe’s Rapporteur, Swiss MP Andreas Gross, who concluded that there was a need to improve international cooperation in this case because of the high-level cover up in this case in Russia.
Rapporteur Gross stated:
“My initial conclusion, namely that we are in the presence of a massive cover-up involving senior officials of the competent ministries, the Prosecutor General’s Office, the Investigative Committee and even certain courts finds itself further consolidated.” (Report “Refusing the Impunity for the Killers of Sergei Magnitsky” http://www.assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=20084&lang=en).
Rapporteur Gross pointed out that the money laundering exposed by Sergei Magnitsky has been traced to a large number of European states which necessitated international judicial cooperation in this case:
“The laundering of the funds that can be traced back to the fraudulent US$230 million tax refund denounced by Mr Magnitsky has involved a large number of European States… Given the complexity of the criminal investigations required and the obvious need for international co-operation, the Assembly should also seize the Committee of Ministers in order to ensure that this important affair is included on the agenda of intergovernmental co-operation.” (Addendum to Report “Refusing the Impunity for the Killers of Sergei Magnitsky”, http://www.assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=20345&lang=en)
Conclusions expressed in the report “Refusing Impunity for the Killers of Sergei Magnitsky” prepared by Rapporteur Gross were adopted by overwhelming majority this January by the 47-member state Parliamentary Assembly of the Council of Europe (Resolution “Refusing the Impunity for the Killers of Sergei Magnitsky” http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=20409&lang=en).
For further information please contact:
Justice for Sergei Magnitsky campaign
Phone: +44 207 440 1777
Email: info@lawandorderinrussia.org
Website: http://lawandorderinrussia.org
Sergei Magnitsky Justice Campaigners Demand Transparent Investigation into the Suspicious Death in Moscow of Russian Actor and Civil Rights Activist Alexei Devotchenko
November 6, 2014
Sergei Magnitsky Justice Campaigners Demand Transparent Investigation into the Suspicious Death in Moscow of Russian Actor and Civil Rights Activist Alexei Devotchenko
6 November 2014 — Campaigners for Justice for Sergei Magnitsky demand a transparent investigation into yesterday’s suspicious death in Moscow of Russian actor, civil activist, and a friend of the Magnitsky campaign Alexei Devotchenko.
Alexei Devotchenko was one of the few free voices left in Russia who had not been killed, arrested or forced into exile because of his way of thinking.
He was bravely speaking out against the political repression, kleptocracy and human rights violations endorsed by President Putin’s regime. Three years ago, in an act of protest against corruption and political censorship, Alexei Devotchenko returned the state honours which had been personally awarded to him by President Putin in recognition of his accomplishments as an outstanding actor. He explained it in an interview to Novy Region 2: “I am completely fed up with this tzardom-statedom. With its lies, cover-ups, state-sanctioned robbery, bribery and other virtues…” (http://www.newsinfo.ru/news/2011 – 11-21/devotchenko/766105/). Shortly afterwards, he was attacked on a Moscow underground. Details of this incident were reported on his facebook.
Last year, Alexei Devotchenko was a prominent figure at the memorial ceremony to mark the life and death of Sergei Magnitsky, held at the Sakharov centre. Alexei Devotchenko read poems by Russian poet and Nobel Prize laureate Joseph Brodsky who was expelled from the Soviet Union in 1972. Afterwards, he spoke about the difficult choices that every free-thinking Russian has to make, and whether it’s safe for him and his family to stay in the country given the political repressions and bloodshed that could come of it (http://www.youtube.com/watch?v=68UZDPLwtDY].
Yesterday, Alexei Devotchenko was found dead with signs of violence in a pool of blood near his apartment in Moscow. Despite early indications of a suspicious death, this morning a ‘source’ in the Russian law enforcement stated that murder was excluded, that the actor was a “drunk,” that the bruises were caused by glass furniture in his apartment, and that a heart attack is a possible explanation for his death (http://www.rg.ru/2014/11/06/devotchenko-site.html; http://www.interfax.ru/culture/405635).
‘We mourn the death of a courageous Russian patriot Alexei Devotchenko. We believe that the Russian public deserves to know what really happened. We are aware of the extent of cover up that is possible. As we know from experience, it would not be the first time in Russia that murder was covered up by a “heart attack” and “drunkenness.” We demand that the investigation of Alexei Devotchenko’s death is conducted openly and transparently,” said a Sergei Magnitsky Justice campaign representative.
For more information, please contact:
Magnitsky Justice Campaign
+44 2074401777
info@lawandorderinrussia.org
lawandorderinRussia.org
US Judge Makes Surprising Decision to Allow Lawyer John Moscow to Continue Representing Russian Client After Switching Sides in the Forfeiture Case from Crime Uncovered by Sergei Magnitsky
October 24, 2014
PRESS RELEASE
For Immediate Distribution
US Judge Makes Surprising Decision to Allow Lawyer John Moscow to Continue Representing Russian Client After Switching Sides in the Forfeiture Case from Crime Uncovered by Sergei Magnitsky
24 October 2014 – Yesterday in the Southern District court of New York, U.S. federal judge Thomas Griesa denied Hermitage Capital’s motion to disqualify New York lawyer John Moscow, law firms Baker Hostetler and Baker Botts for conflict of interest and breaching their client’s confidences.
The New York case involves the first federal forfeiture and money laundering claim brought by the U.S. Government in relation to proceeds from the $230 million theft in Russia exposed by the murdered Hermitage’s Russian lawyer Sergei Magnitsky and the proceeds from which have been since traced to multiple jurisdictions around the world.
The US Government has stated in its submission to the court that Hermitage is a “victim” of the $230 million fraud scheme which was perpetrated by the Russian organization involving Russian government officials at issue in the forfeiture claim.
In 2008, when Hermitage’s Russian lawyers, including Sergei Magnitsky, who had investigated and reported the $230 million fraud, came under attack from corrupt Russian police officers involved in the crime, Hermitage hired John Moscow, a former New York prosecutor responsible for investigating the Russian mafia and a partner with the U.S. firm Baker Hostetler. Moscow was brought on as an anti-money laundering expert to help identify and prosecute perpetrators of the $230 million fraud with the assistance of the US Department of Justice and to trace through US banks proceeds of the $230 million fraud, the discovery of which lead to the false arrest and death of Sergei Magnitsky.
In his work, which lasted eight months, John Moscow put together a strategy of using U.S. courts for subpoenas, federal forfeiture orders and RICO in order to go after the $230 million fraud perpetrators, and presented the results of Hermitage’s investigation to the U.S. Attorney’s Office. Since then, Hermitage continued its investigation into those who benefited from Sergei Magnitsky’s killing in Russian police custody and the $230 million fraud he had uncovered in cooperation with law enforcement authorities around the world.
Last year, the U.S. Attorney’s Office filed the forfeiture claim in Southern District Court of New York in relation to the proceeds from $230 million fraud that the U.S. Government has traced to a number of multi-million dollar properties in Manhattan belonging to Prevezon, a Cyprus company owned by Russian national Denis Katsyv, a son of a former high-level Moscow regional government official.
To Hermitage’s dismay, John Moscow appeared in court to represent Prevezon in the case against the U.S. Government. He and other lawyers representing the Russian owner of Prevezon then began a campaign to discredit Hermitage as a witness for the U.S. Government.
“We feel profoundly betrayed by John Moscow and what he did and are disappointed that the court did not recognize that yesterday,” said a Hermitage Capital representative.
For further information please contact:
Hermitage Capital
Phone: +44 207 440 1777
Email: info@lawandorderinrussia.org
Website: http://lawandorderinrussia.org
Facebook: http://on.fb.me/hvIuVI
Twitter: @KatieFisher__
French Prosecutor Makes Public Attempt to Whitewash Corrupt Russian Officials on the Magnitsky List in Ablyazov Extradition Case
October 23, 2014
PRESS RELEASE
For Immediate Distribution
French Prosecutor Makes Public Attempt to Whitewash Corrupt Russian Officials on the Magnitsky List in Ablyazov Extradition Case
23 October 2014 – French public prosecutor Christian Ponsard publicly dismissed the death of Russian anti-corruption lawyer Sergei Magnitsky in Russian police custody as irrelevant to cases of extradition to Russia. He suggested that there was no reason to refuse French legal assistance to Russian officials who were involved in denial of medical care and other violations of human rights in Magnitsky case.
Speaking in Lyon Court at an extradition hearing of Mukhtar Ablyazov last Friday, Prosecutor Ponsard reportedly said that the fact that this case was initiated and investigated by Russian officials sanctioned by the US and placed on the European Parliament’s list should have no bearing on the extradition of Ablyazov.
“According to people present to the hearing, the French prosecutor proposed that it was fine to extradite people into the hands of US-sanctioned and EU Parliament-designated Russian officials responsible for Sergei Magnitsky’s false arrest, torture and death,” said a Hermitage Capital representative.
The statement made by Ponsard is in direct contradiction to the European Parliament’s findings on the Magnitsky case which said in the resolution adopted on 2 April 2014:
“The arrest and subsequent death in custody of Sergei Magnitsky represent a well-documented and significant case of disrespect for human rights and fundamental freedoms in Russia, …and serve as a reminder of the many documented shortcomings in respect for the rule of law in Russia.”
The European Parliament’s resolution names 32 Russian officials and private individuals involved in the Magnitsky case (http://www.europarl.europa.eu/news/en/news-room/content/20140331IPR41184/html/Magnitsky-list-MEPs-call-for-EU-sanctions-against-32-Russian-officials).
“It is simply impossible for France, as a member of EU, to ask for justice in Sergei Magnitsky case and then extradite somebody in the hands of exactly the same people who already bear responsibility for complete injustice against Sergei Magnitsky,” said Hermitage Capital representative.
French prosecutor Ponsard was supported in his attempt to whitewash the crimes against Magnitsky by Denis Grunis, head of Russian General Prosecutor’s international cooperation section, who participated in the same extradition hearing.
Russian Prosecutor Denis Grunis said he believed it did not matter that the person who approved a request for Mr Ablyazov’s extradition was Moscow judge Alexei Krivoruchko, the same judge who two months before Magnitsky’s death, on 14 September 2009, refused complaints from Sergei Magnitsky against cruel treatment and denial of medical care and who prolonged his detention.
Mr Krivoruchko has been placed on both US and EU Parliament-designated Magnitsky sanctions lists.
The view of the French public prosecutor is also in contradiction to the conclusions by the 47-member state Parliamentary Assembly of the Council of Europe expressed in a report “Refusing Impunity for the Killers of Sergei Magnitsky” and adopted by overwhelming majority this January (http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=20409&lang=en; http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-FR.asp?fileid=20409&lang=FR).
Prosecutor Ponsard also ignores an earlier resolution by the same international body which concluded that mutual legal assistance to Russia should not be provided in politically-motivated and abusive criminal cases, highlighting among such cases official attacks on Sergei Magnitsky and other Hermitage lawyers in Russia.
Russian political campaigner and world chess master, Garry Kasparov, who attended the hearing in Lyon, said on his Facebook account:
“[Prosecutor] Ponsard discounts …that seven of the Russian judges and investigators [and others] in the case are on the US sanctions list for the persecution of Sergei Magnitsky, an anti-corruption attorney who died horribly in prison… We all know there is no justice in Putin’s Russia. I was very much hoping to see better here in France.”(https://www.facebook.com/GKKasparov/posts/10152818145798307)
The court decision in this proceeding is expected on October 24, 2014, according to French press reports.
For further information please contact:
Hermitage Capital
Phone: +44 207 440 1777
Email: info@lawandorderinrussia.org
Website: http://lawandorderinrussia.org
Facebook: http://on.fb.me/hvIuVI
Twitter: @KatieFisher__
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.