False Arrest and Persecution of Magnitsky

After his illegal arrest by the officers he had accused of corruption, Magnitsky and his lawyers filed numerous complaints detailing:

• the unlawfulness and falsehood of his prosecution given the clear evidence of his innocence,
• the false basis for his arrest and detention,
• the illegality of allowing the same Interior Ministry officers who he had testified against (and their subordinates) to bring a criminal case against him, and to arrest and detain him.

All of these complaints were refused. Judges Podoprigorov, Krivoruchko, Ukhnaleva and Stashina sanctioned the Interior Ministry’s petitions for Magnitsky’s arrest and continued detention despite the fact that there was clearly no evidence that merited detention.

On 12 November 2009, two weeks prior to the expiry of the maximum possible time in detention without trial and just 4 days before Magnitsky’s death, judge Stashina prolonged Magnitsky detention for two more weeks even though there was no evidence to suspect him of any crimes, the fabrications of materials by Interior Ministry were obvious, he was clearly in dire need of medical care and was not receiving it in detention. Judge Stashina denied all of Magnitsky’s petitions about the denial of justice, violation of his rights for defense, cruel treatment and denial of medical care without any consideration to the issues he raised at the hearing.

Read complaints and statements by Sergei Magnitsky about his innocence and his repression by Interior Ministry:

• 11 September 2009. Complaint by Sergei Magnitsky’s lawyers to the Russian General Prosecutor Chaika and Head of Interior Ministry’s Investigative Committee Anichin. In this complaint, Magnitsky and his lawyers describe the prosecution of Magnitsky despite the evidence of his innocence, psychological pressure and the denial of medical care, treatment and surgery in order to supress his will
• 11 September 2009. Translated Excerpt From the Petition by Sergey Magnitsky to Investigator Silchenko of the Russian Interior Ministry about his innocence, repression, pressure and inhumane conditions to force him to falsely accuse himself and his client
• 28 September 2009. Sergei Magnitsky’s hand-written complaint filed with Tverskoi district court in Moscow. Sergei states his innocences and challenges that judge Krivoruchko who on 14 September 2009 had sanctioned his continued detention without trial had concealed the essential evidence of his innocence, the falseness of the basis for his arrest, the inhumane conditions and denial of medical care that Magnitsky had presented in the courtroom
• 29 October 2009. Sergei Magnitsky’s hand-written Cassation Appeal filed with the Moscow Court Collegium detailing his innocence, illegal arrest and prosecution by Interior Ministry on false ground, despite the evidence of his innocence, and the unlawful decisions by judges to sanction his arrest and detention without trial in breach of the European Human Rights Convention and Russian law
• 11 November 2009. Sergei Magnitsky’s hand-written complaint to the Interior Ministry’s Investigative Committee about the falsification of his case and the tampering by investigators with case files.
• 12 November 2009. Sergei Magnitsky’s hand-written statement prepared for court hearing, about his innocence, being detained as a hostage by Interior Ministry officers whose crimes (theft of $230 million) he had exposed, 4 days before his death
• 12 November 2009. Sergei Magnitsky’s last words, 4 days before his death, in the courtroom about the violation of his human rights and rights for defence in breach of the European Human Rights Convention

Complaint by Magnitsky’s lawyers to the Russian General Prosecutor Chaika and Head of Interior Ministry’s Investigative Committee Anichin . In this complaint, Magnitsky and his lawyers describe the unlawful prosecution of Magnitsky despite the evidence of his innocence, pressure and the denial of medical care, treatment and surgery in order to supress his will (11 September 2009)
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Translated Excerpt From the Petition by Sergey Magnitsky to Investigator Silchenko of the Russian Interior Ministry Sergei’s petition to Interior Ministry about his innocence, repression, pressure and inhumane conditions created to force him to falsely accuse himself and his client (11 September 2009)
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Sergei Magnitsky’s hand-written complaint to the court . Sergei states his innocense and challenges that judge Krivoruchko when sanctioning on 14 September 2009 Sergei’s continued detention without trial, had concealed from the transcript of the court hearing the essential evidence of his innocence, the falseness of the basis for his arrest, the inhuman conditions and the denial of medical care that Magnitsky had presented in the courtroom (28 September 2009)
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