Sergei Magnitsky and the Rule of Law

New Jersey Law Journal

In November 2009, Russian lawyer Sergei Magnitsky died in a Moscow detention facility, just short of a year after his arrest on alleged tax evasion charges while defending an investment company on tax fraud and evasion complaints brought by the Russian government. Magnitsky publicly implicated certain Russian officials in an embezzlement scheme and misappropriation of funds from the Russian Treasury and assets of his client.

Magnitsky was tortured because he blew the whistle on a massive government-organized conspiracy to steal $230 million that he discovered and in which he testified against the corrupt officials. He was tortured to drop his testimony and sign a false confession stating that he committed the crime that he discovered. His imprisonment for “tax evasion” was a pretense to retaliate on his whistle blowing. His death has generated significant outcry in the international community, with allegations of torture and detention without trial or other procedural rights, and the denial of critical medical treatment that led to his death.

Last June, U.S. Secretary of State Hillary Clinton raised the Magnitsky case during the U.S.-Russia “Civil Society to Civil Society” summit and urged Russia to hold accountable the responsible parties. A bipartisan bill, the “Justice for Sergei Magnitsky Act of 2010,” was introduced in the Senate and a companion bill in the House the same day. The bills state several Congressional findings, including recitation of Russia’s ratification of, inter alia, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the applicability of the European Convention on Human Rights. Substantively, proposed legislation calls for the secretary of state, in consultation with the secretary of the treasury, to publish a list of individuals she has reason to believe were responsible for Magnitsky’s detention, abuse or death, were part of the alleged fraud or participated in cover-up activities regarding Magnitsky, and refuse to issue, or revoke current, visas for individuals on the list. The treasury secretary is to freeze those individuals’ assets in the U.S.

Last December, the European Parliament approved a resolution allowing member states to impose similar entry bans and freezes on assets. A Canadian Parliamentary subcommittee has also followed suit. The UN High Commissioner also committed to an investigation. In March, Vice President Joseph Biden raised the Magnitsky case as an example of the impediment to economic development and investment without adherence to the rule of law.

The Moscow Public Oversight Commission for Human Rights Observance in Moscow Detention Centers issued a report concluding, “The people responsible for this must be punished.” Russian President Dmitry Medvedev created an advisory council, which is expected to report next month.

We agree with the vice president. However, words are not enough. The legislation introduced in the last Congress has expired. We understand new bills are being introduced that will not only impose sanctions on those who tortured and killed Magnitsky, but those who were involved in the cover up of his death as well. A list of 60 people proposed to be banned has been provided to Clinton, but there has been no public affirmation that they have been banned.

We urge the United States to join the European Parliament and Canada and to reintroduce and promptly pass legislation to affirm American support for the rule of law. займы на карту срочно займы на карту срочно zp-pdl.com https://zp-pdl.com/get-a-next-business-day-payday-loan.php быстрые займы онлайн