Magnitsky Murder Tops List of Questions for Medvedev at Davos
January 25, 2011
In a unique initiative, the World Economic Forum organizers this year have asked members to propose and vote online on the questions to be asked of President Medvedev at Davos. The most popular questions will be unveiled at the Forum’s opening plenary session on Wednesday, 26 January, at 18:30 CET.
According to Russian business newspaper Vedomosti, the online poll conducted by the WEF showed that the single most popular question to Medvedev is the question about the impunity of police who killed 37-year old anti-corruption lawyer Sergei Magnitsky:
“We heard from you that everything will be done that the Magnitsky case is investigated and those guilty prosecuted. In fact the main outcome has been that the key complicit officials from the Interior Ministry and the Prosecutor Office, including Lt Col Kuznetsov and Major Karpov, and many others, have been promoted and continue to acquire expensive real estate and luxury cars…Why has there been no real actions against those complicit in Magnitsky case?” Read more
British Politician Calls on UK Parliament to Categorize Magnitsky Killers as “Economic Terrorists” and Impose UK Visa Bans
January 21, 2011
Chris Bryant MP, a Shadow Justice Minister and former Minster for Europe, has called upon the UK Home Secretary Theresa May to ban entry into the UK for the 60 Russian officials who were involved in the arrest, torture and death in police custody of Sergei Magnitsky, 37-year old anti-corruption lawyer representing UK investment firm, Hermitage Capital.
An extensive 1,000-page dossier which had been put together with evidence of their involvement and collusion in the crimes, was submitted by Mr Bryant to Her Majesty’s Government today. The suggestion to add these corrupt Russian officials was made in the House of Commons as part of the discussion on the updating of the ‘Prevention and Suppression of Terrorism Act of 2000’ on Wednesday 19th January. The debate focused on amendments to the act which would involve adding organisations groups and individuals responsible for extremist activity and economic terrorism to the list of currently “proscribed organisations”. A proscribed organisation is banned from operating, fundraising and promoting itself in the UK and it is a criminal offence to be connected with such proscribed persons in the UK.
Chris Bryant MP said:
“Sergei Magnitsky was working for a British company in Russia. He unveiled a vast nexus of corruption in the Russian system-$230 million-worth-and he was murdered in prison, having been put there without trial, and there has been absolutely no investigation since his death.”
“Those involved in the arrest, torture and murder of Sergei Magnitsky, and all those involved in the corruption that he unveiled in Russia, are and have been engaged in a form of economic terrorism against this country. I hope that the Home Office will therefore look at whether such an order is precisely the right vehicle to use to seize any of those people’s assets in this country, or to proscribe them from coming to this country.”
In a prompt answer to the Chris Bryant’s proposal, the UK Immigration Minister Damian Green said in the House of Commons indicated that the UK government has in general at its disposal several ways to protect the UK businesses and public from the reach of corrupt Russian officials responsible for the torture and murder; same Russian officials have made threats to the Hermitage Capital lawyers in the UK.
Damien Green MP stated that:
“The Government have a wide range of counter-terrorism tools at their disposal, including asset freezing, exclusion and so forth.”
As of May 2009, a total of 46 groups were proscribed under Schedule 2 of the Terrorism Act 2000, including Al-Qa’ida, Hizbollah and the People’s Mujahiddin of Iran.
Damien Green MP also told me Bryant that he would be “happy” to meet Chris Bryant personally to discuss the details of the Sergei Magnitsky case.
At the end of last year, the European Parliament adopted with an overwhelming majority a resolution calling for “an EU entry ban for Russian officials involved in this [Magnitsky’s] case, and encourages EU law enforcement agencies to cooperate in freezing bank accounts and other assets of these Russian officials in all EU Member States”.
The legislation banning entry and freezing assets of Russian officials responsible for corruption uncovered by Mr Magnitsky and his persecution in custody was created last year in the US Congress and Canadian Parliament. Earlier, the powerful US Government Helsinki Commission mandated to monitor compliance with OSCE accords in the area of human rights compiled a list of 60 complicit Russian officials detailing their role in the theft of US$230 million of public funds, unlawful arrest, torture and death of 37-year old Sergei Magnitsky. The list triggered a worldwide campaign for justice around the world. Yet, in Russia, responsible officials were promoted and given top state honors on the eve of one-year anniversary of Magnitsky’s death. In response to the on-going impunity of Magnitsky’s torturers in Russia, leading Russian human rights activists have called upon the EU and US governments to take robust legal steps to create consequences for Russian officials in Magnitsky’s case on their territories.
Watch a documentary about the life and death of Sergei Magnitsky in Russian custody:
For the full transcript of the House of Commons debate on the Terrorism Act 2000 see this link:
Background Information:
Under the UK Terrorism Act 2000, ‘terrorism’ is defined as
the use or threat designed to influence the government for the purpose of advancing a political, religious or ideological cause, when it involves serious violence against a person, serious damage to property, endangers a person’s life, creates a serious risk to the health or safety of the public or a section of the public. ‘Organisation’ is defined as including ‘any association or combination of persons’. In deciding on the status of proscribed persons, the Home Secretary takes into account the specific threat that they pose to the UK and to British nationals overseas.
Christopher Bryant, a British Labour Party politician, has been the Member of Parliament (MP) since 2001. He is the former Minister of State for Europe and Parliamentary Under-Secretary of State at the Foreign and Commonwealth Office. He is currently a shadow Justice Minister, with responsibility for political and constitutional reform.
Sergei Magnitsky (8 April 1972 – 16 November 2009), an outside lawyer for the Hermitage Fund, blew the whistle on widespread Russian government corruption, involving officials from Russian law enforcement and security services. The officials he testified against arrested and detained him, beginning a nightmare in which he was thrown into custody without bail or trial, and systematically tortured for one year in an attempt to force him to retract his testimony. Despite the physical and psychological pain Sergei Magnitsky endured from his captors, he refused to perjure himself, even as his health deteriorated. Denied medical care for the last four months of his detention, he died in excruciating circumstances at the age of 37, having developed a severe pancreatic condition while being held in the Butyrka remand center — a notorious Czarist-era jail that also that also held Alexander Solzhenitsyn and Raoul Wallenberg.
United Nations Launches Investigation into Extrajudicial Killing and Torture of Russian Anti Corruption Lawyer Sergei Magnitsky
January 20, 2011
The United Nations has launched a broad based investigation into the death in custody of Russian anti-corruption lawyer, Sergei Magnitsky. Through the United Nations Special Rapporteurs on Extrajudicial Executions, Torture and the Independence of Lawyers and Judges, the United Nations has launched an unprecedented investigation into the circumstances surrounding the false arrest, denial of medical care, torture in police custody and death of 37-year old lawyer Sergei Magnitsky.
The UN investigation was triggered by the application from REDRESS, a powerful UK-based advocacy organization dedicated to assisting torture victims and making torturers accountable around the world.
“More than one year after Magnitsky’s death, Russian authorities failed to carry out a full, effective and impartial investigation into the allegations capable of leading to the truth of what occurred and as appropriate, the prosecution of those responsible,” said REDRESS in their application to the UN Special Rapporteurs.
REDRESS has requested that UN Special Rapporteurs launch their own investigation into the Sergei Magnitsky case given the failure of the Russian authorities to bring to trial those responsible for Mr. Magnitsky’s torture and murder and in light of the promotions and rewards to complicit officials issued by the Russian authorities last year.
The UN Special Rapporteur on Torture Dr Mendez has acknowledged the beginning of a formal investigation into Magnitsky case. Three UN Special Rapporteurs – Dr Juan Mendez, UN Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Prof Alston, UN Rapporteur on Extrajudicial, Summary or Arbitrary Executions, and Ms Knaul, Rapporteur on the Independence of Lawyers and Judges — have taken up the investigation.
To assist with their investigation, REDRESS provided the UN Special Rapporteurs with substantial documentary evidence of torture and extrajudicial execution available in this case. In their 100-page application to the UN, REDRESS has identified the specific Russian state bodies responsible for ordering and carrying out Magnitsky’s torture in police custody and denying him any legal remedy during 358 days in detention. REDRESS provides specific evidence of the complicity of the Russian Interior Ministry, the Russian Federal Security Service (a successor organisation to KGB), General Prosecutor Office, State Investigative Committee, detention centre officials and Moscow city and district judges in Mr. Magnitsky’s death.
REDRESS said in its application:
“The methods used against Magnitsky, singly and in combination- the inhuman detention conditions, the isolation from his family, the lack of regular access to his lawyers and the intentional refusal to provide adequate medical assistance resulted in the deliberate infliction of severe pain and suffering, and ultimately his death. These measures were designed to increase his discomfort and to put further pressure on him to confess and testify against others. The methods were also used to force Magnitsky to retract his testimonies against Russian officials. The acts were committed by officials as set out above. For these reasons, the acts were of such a severity and carried the requisite purpose to have amounted to torture in violation of Article 2 (1) and Article 1 of the UN Convention against Torture.”
REDRESS also highlighted in their application particular serious violations by the Russian Federation of a number of UN conventions that amounted to torture.
“Magnitsky’s treatment in Butyrka detention centre… was contrary to the UN Standard Minimum Rules for Treatment of Prisoners which provide that “sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained officers.”
“The continued rejection of his requests to see his wife, children and mother was contrary to the UN Standard Minimum Rules for the Treatment of Prisoners.”
“The detention of Magnitsky in these cells violated recognised minimum standards of the conditions of detention, such as the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment … and the UN Standard Minimum Rules for the Treatment of Prisoners, which apply in Russia by virtue of the European Convention on Human Rights.”
“The lack of adequate treatment exposed him to acute pain and suffering over almost four months and appears to have ultimately caused his death in detention. The denial of necessary medical treatment to Magnitsky, despite repeated requests, therefore violated his right to life. It also exposed him to a level of distress and hardship of an intensity that went beyond the unavoidable level of suffering inherent in detention and was in clear violation of international standards prohibiting torture and cruel, inhuman or degrading treatment.”
REDRESS has stressed that the Russian government is under clear obligation to launch an immediate investigation into Magnitsky’s torture and that such investigation must be transparent and void of any participation from the senior state officials involved in Magnitsky’s persecution and the $230 million corruption he exposed.
“To comply with its obligations, it is incumbent on the Russian government to order a prompt, independent and thorough investigation that is subject to public scrutiny. Accordingly, the investigation must be fully independent of the institutions and persons accused by Magnitsky to be involved in the tax fraud and allegedly involved in his torture. The independent nature of the investigation is particularly important as the individuals alleged to be involved in this case include high ranking government officials, whose investigation requires political consent. The investigation must be able to pronounce on the responsibility of the Russian government if proved to have known and be involved in Magnitsky’s torture and eventual death and identify any individuals responsible, irrespective of their rank and position,” said REDRESS.
Sergei Magnitsky (8 April 1972 – 16 November 2009), an outside lawyer for the Hermitage Fund, discovered that Russian police were involved in misappropriating his client’s investment companies and embezzling $230 million of public funds through the largest tax refund fraud in Russian history. Magnitsky testified against the state officials involved, and in retribution they arrested him, detained him for 12 months without trial and tortured him to withdraw his testimony. Despite the systematic physical and psychological torture, Magnitsky refused to change his testimony. He died on 16 November 2009 at the age of 37 leaving a mother, wife and two children. Sergei Magnitsky was posthumously awarded 2010 Integrity Award by Transparency International, a leading international civil society organisation fighting corruption.
More information:
The UN Special Rapporteur on Torture Dr Juan Mendez was tortured himself during the former Argentinean dictatorship. As a result of his involvement in representing political prisoners, the Argentinean military dictatorship arrested him and subjected him to torture and administrative detention for more than a year. During this time, Amnesty International recognised him as a “Prisoner of Conscience.” Dr Mendez holds extensive background and human rights awards in the field of human rights and transitional justice.
The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions Prof. Philip Alston is an international law scholar and human rights practitioner. He was appointed by the United Nations Secretary-General in 1988 to suggest reforms to make the United Nations human rights treaty monitoring system more effective. His major reports in 1989, 1993, and 1997 provided the impetus for continuing efforts by the UN Office of the High Commissioner for Human Rights and the UN Human Rights Council to streamline and improve the rather unwieldy monitoring system.
UN Special Rapporteur on the independence of judges and lawyers Ms. Gabriela Knaul has a long-standing experience as a judge in Brazil and is an expert in criminal justice and the administration of judicial systems.
REDRESS is a human rights organisation that helps torture survivors obtain justice and reparation. REDRESS works with survivors to help restore their dignity and to make torturers accountable.
REDRESS
Juergen Schurr, Legal Advisor
+44 20 7793 1777
juergen@redress.org
http://www.redress.org/smartweb/home/home
Full text of the REDRESS application to the United Nations about the failure of the Russian Federation to investigate the torture in custody of anti-corruption lawyer Sergei Magnitsky:
United Nations Human Rights Council homepage and information on the UN Special Rapporteurs:
http://www2.ohchr.org/english/bodies/hrcouncil/
Members of European Parliament Vote Overwhelmingly in Favor of Sanctions in Magnitsky Case
December 16, 2010
Today the European Parliament passed a resolution calling for sanctions against the Russian officials responsible for the false arrest, torture and death of 37-year old Russian anti-corruption lawyer Sergei Magnitsky. This is a crucial step in the fight to obtain justice for Mr. Magnitsky.
With an overwhelming majority of 318 in favour and 163 against (with 95 abstentions), the European Parliament called upon EU member states to consider imposing entry bans on the Russian officials who played a direct role in the Magnitsky case. The European Parliament also called on EU law enforcement agencies to cooperate in freezing bank accounts and other assets of these Russian officials in all EU Member States.
Heidi Hautala, Chair of the European Parliament Subcommittee on Human Rights said:
“With this vote the European Parliament is calling for justice for an innocent man who died in prison. This death was one too many. There comes a point when silence is no longer an option. While there was an attempt by the Russian officials to portray this proposal as anti-Russian, we have been moved by the vast support we have received from inside Russia.”
One year after Magnitsky’s death, Russian authorities have failed to open an investigation into his torture. No one has been charged in relation to his death. The investigation of the theft of $230 million by police officials Magnitsky testified against was entrusted to the officials directly implicated in his death. Furthermore many of those same officials were promoted and given top state honors on the one-year anniversary of Magnitsky’s death.
Marietje Schaake, an MEP from the Group of the Alliance of Liberals and Democrats for Europe said:
“Human rights violations cannot be met with impunity. For EU-Russia relations to develop constructively, the rule of law must be upheld and the state has to investigate crimes and prosecute those who are responsible.”
William Browder, CEO of Hermitage Capital Management said:
“We applaud the MEPs who supported this landmark decision in the fight for justice in Russia. These sanctions are not against Russia and the Russian people, but specifically against those Russian officials who played a part in the false arrest, torture and death of Sergei Magnitsky. This vote will give hope to millions of Russians who are tired of the impunity shown by corrupt officials.
This vote is a critical step in an international process to bring to justice those who played a role in cruelly taking the life of Sergei Magnitsky. The next step will be to actively implement this important resolution across EU member states. ”
Sergei Magnitksy (8 April 1972 – 16 November 2009), an outside lawyer for the Hermitage Fund, blew the whistle on widespread Russian government corruption, involving officials from Russian law enforcement and security services. The officials he testified against, arrested and detained him, beginning a nightmare in which he was thrown into custody without bail or trial, and systematically tortured for one year in an attempt to force him to retract his testimony. Despite the physical and psychological pain Sergei Magnitsky endured from his captors, he refused to perjure himself, even as his health deteriorated. Denied medical care for the last four months of his detention, he died in excruciating circumstances at the age of 37, having developed a severe pancreatic condition while being held in the Butyrka remand center — a notorious Czarist-era jail that also that also held Alexander Solzhenitsyn and Raoul Wallenberg.
On the first anniversary of his death in November 2009, Magnitsky was posthumously awarded the 2010 Integrity Award by Transparency International in recognition for his courageous fight and ultimate sacrifice against Russian corruption.
Watch a documentary about the life and death of Sergei Magnitsky in Russian custody:
Read full text of the European Parliament’s call for justice in Sergei Magnitsky case, 16 December 2010:
“[The European Parliament] Urges the Russian judicial authorities to press ahead with the investigation of the death on 16 November 2009 of Russian lawyer Sergey Magnitsky;
deplores that this case is still an outstanding example of the serious shortcomings within the country’s judicial system;
regrets the situation that, while human rights defenders are often subject to a harsh treatment and trials that ignore the Russian Federation’s Code of Criminal Procedure (such as its Article 72 in the case against Oleg Orlov of Memorial for slander), those guilty of aggressions against and even murder of human rights defenders, independent journalists and lawyers still too often enjoy impunity;
calls on the Council, in the absence of positive moves from the Russian authorities to cooperate and investigate the case of Sergey Magnitsky, to insist that the Russian authorities bring those responsible to justice and to consider imposing an EU entry ban for Russian officials involved in this case, and encourages EU law enforcement agencies to cooperate in freezing bank accounts and other assets of these Russian officials in all EU Member States.”
Russian Delegation Travels to Strasbourg to Pressure MEPs to Drop Magnitsky Sanctions
December 13, 2010
The European Parliament is scheduled to vote this week to introduce visa bans and asset seizures against those Russian state officials who played a role in the murder in custody of Sergei Magnitsky or who carried out the $230 million fraud Magnitsky uncovered. The Resolution appears in the Annual Report of Human Rights in the World (2009).
The Resolution was approved by the Foreign Affairs Committee by a vote of 50 – 0 (with two abstentions) in mid-November and will go before the full European Parliament in its Plenary Session in Strasbourg on 14 – 15 December.
In response to the imminent threat of visa sanctions and asset seizures against certain of its officials within Europe, the Russian Duma sent a delegation to Strasbourg on 11 December where they will urgently lobby against the pending resolution. According to Andrei Klimov, Deputy Chairman of the Duma Committee on International Affairs:
“Members of our delegation are going to use all available means, including formal and informal meetings with Members of the European Parliament, to try to convey to them the whole failure of one of the amendments to the draft report concerning the circumstances surrounding the death in jail of Sergei Magnitsky.” Read more