UK refuses mutual legal assistance to Russia in the posthumous prosecution of Sergei Magnitsky

International Criminal Law Bureau

In the land where everything seems possible, the Russian Interior Ministry has reported that the UK has refused Russia’s mutual legal assistance request in the case of the posthumous prosecution of whistleblowing lawyer Sergei Magnitsky who died on 16 November 2009 in Butyrka prison in Moscow and the in-absentia prosecution of his client William Browder, CEO and co-founder of the Hermitage Capital Management investment fund.

Commenting on the refusal by the UK to extradite Mr Browder to Russia, the Russian Interior Ministry stated: “this fact does not pose an obstacle for sending the case to court, because Russian investigators have followed juridical formalities in full.” The position by the Interior Ministry, that “juridical formalities have been followed in full” is curiously also applied to their prosecution of the late Mr Magnitsky, the first ever posthumous prosecution known in history.

While prosecuting dead people might well comply with the Russian law, in practice, certain procedures may prove challenging. The Prosecution may struggle somewhat to find out if the defendant would want to plead guilty or not guilty. Cross examination could prove difficult. Bail conditions should be easier to tackle, though.

There have been intriguing trials in Russia before, most notably those of Messrs Khodorkovsky and Lebedev, but unquestionably, in all its gruesome glory, the posthumous prosecution of Sergei Magnitsky might well surpass the surreality of Kafka’s best performance, The Trial.

Naturally, outside the country, questions have been raised by international organisations, civil society and state representatives about the soundness of the decision by Viktor Grin, Russia’s Deputy General Prosecutor, on 30 July 2011, to juridically chase a man who has already been tortured to death, with wildly mismanaged public funds. The likelihood, however, is that the decision by the Deputy General Prosecutor was linked to the decision by the US State Department three days earlier to impose visa bans on those Russian officials who can be linked to the death of Mr Magnistky and the fact that the said list includes the name Viktor Grin.

The only positive element of this tale is that they cannot get to Sergei anymore. But they can get to William Browder. The decision by the UK not to send him off to Russia to face the trumped up charges, was the only right thing to do and the least the UK could do. Now the UK must implement the recommendation by the European Parliament and ban those who killed Sergei from coming to London and freeze their assets (often tied up in Knightsbridge, Belgravia and other desirable parts of the capital).

If not, the story of Josef K. will keep being replayed in the courtrooms across Russia, over and over again. онлайн займ срочный займ на карту онлайн https://zp-pdl.com https://zp-pdl.com/online-payday-loans-cash-advances.php buy viagra online