My whistleblower son is dead – now they’re after me

The Sunday Times

The mother of a Russian anti-corruption lawyer, who died in custody after being jailed on trumped-up charges, has spoken of her “utter disbelief” that prosecutors have reopened a criminal inquiry into her son.

Natalia Magnitskaya, whose son Sergei Magnitsky died nearly two years ago after a savage beating by prison guards, described as “perverse” an attempt to question her as part of the investigation.

“This is a clear attempt to put pressure on me and Sergei’s family,” said Magnitskaya, 60, who is frail and suffers from high blood pressure.

“I simply couldn’t believe it when I heard that the authorities have reopened a probe into my dead son. First they made up a case against him, then they jailed him and caused his death, and now they’ve asked the same people to investigate him again when he can’t even defend himself.

I’m absolutely shocked.

“To make matters worse, they wanted to question me, his mother. I refused to go. How can I possibly trust these people?” Magnitskaya is demanding that an independent medical commission examine the circumstances in which her son died. The authorities have turned down her request.

Magnitsky’s death in November 2009 caused outrage in Russia and around the world. The case is still seen as a test of the Kremlin’s willingness to reform a corrupt judicial system and to prosecute criminality within Russia’s law enforcement agencies.

The United States recently blacklisted 60 Russian state officials and senior law enforcement officers who are alleged to be responsible for Magnitsky’s imprisonment and death. Britain is also thought to have blacklisted some of the officials.

The lawyer, who worked for Hermitage Capital, a Londonbased investment fund, reported to prosecutors that a group of corrupt policemen and tax officials had embezzled £140m by obtaining a fraudulent tax rebate. However, officials at the interior ministry who had been accused by Magnitsky of being involved arrested him on charges of committing the crime he had uncovered.

In jail Magnitsky, 37, who had two children, developed pancreatitis.

In what his mother and widow say was an attempt to coerce him into retracting his accusations against the police, he was denied medical help. During his year-long detention he complained about his treatment more than 450 times. “They simply ignored all his formal complaints, even though his detention was completely illegal,” said Magnitskaya.

“They couldn’t even be bothered to deliver food and clothing parcels. Medicines I sent would get ‘lost’ and letters from him would take two months to reach me.

“In a year I was allowed to see him only once, for an hour. He looked exhausted and unwell, but put on a brave face so as not to upset me — that was typical of him. He asked about me and his family, how his children were doing at school — even his favourite cat.

“I remember every single minute of it, because it was the last time I would see him alive.”

Magnitsky was transferred to another Moscow jail 18 days later, supposedly for treatment. In a version of events that has since been confirmed by an official report, Magnitskaya said that instead of being admitted to the prison clinic, her son was kept in isolation and savagely beaten by eight guards with batons, and put in a straitjacket.

“After that they stopped a doctor from seeing Sergei for an hour,” she said. “When doctors were finally allowed in by the guards, they found him dead.”

The autopsy claimed he had died of heart failure. His mother said that when she saw his body, his hands were covered in bruises and his wrists bore deep cuts from handcuffs. She has called for the prosecution of high-ranking officials. After an outpouring of anger over his death, the Kremlin sacked several prison officials and brought in legislation to ensure that those accused of financial crimes were not remanded in custody before their cases came to trial. An official report accused a judge of jailing Magnitsky without just cause and suggested the case against him was fabricated.

The interior ministry, nevertheless, has presented awards to several people implicated in Magnitsky’s arrest and death. Evidence has emerged that those behind the fraud have gone on a multi-million-pound spending spree but have yet to face a proper investigation.

Since the lawyer’s death, only two prison doctors have been charged with negligence. Magnitskaya suggested last week that the criminals were being protected by powerful state officials. “I don’t fear anything any more,” she said.

“The worst possible thing which could happen to me, the loss of my only son, has happened. All I want is justice for him. I don’t know if that day will ever come, but I must believe that it will.”

MAGNITSKY WAS SAVAGELY BEATEN BY EIGHT GUARDS WITH BATONS

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