Magnitsky’s mother accuses investigators of repression

Interfax

Natalya Magnitskaya, the mother of Hermitage Capital lawyer Sergei Magnitsky, who died in a detention facility in Moscow in 2009, has asked the Interior Ministry to stop summoning her for questioning because it is causing her suffering, the press service for Hermitage Capital said.

“Yesterday, Sergei Magnitsky’s mother sent a statement to the Interior Ministry saying the Interior Ministry has been subjecting [Sergei Magnitsky’s] closest relatives to emotional torture for the past six months, trying to cause them to sign statements refusing his rehabilitation,” the press service for Hermitage Capital told Interfax.

The source said the complaint, which is addressed to S. Solovyov, the head of the Interior Ministry’s Investigations Unit for the Central Federal District, states that “the illegal investigative measures are causing me and the closest relatives of my son emotional suffering.”

“The Interior Ministry’s investigator Boris Kibis said in his orders that we can use the rights of accused persons. I regard these actions as repression and illegal persecution, which resulted in the horrible death of my son and the current persecution of his close relatives, who are refusing to sign an illegal statement refusing his rehabilitation,” Hermitage Capital quoted Natalya Magnitskaya’s complaint as saying.

The Interior Ministry said on February 7 that posthumous proceedings against Magnitsky will be passed over to a court as Magnitsky’s legal representatives “refuse to consent to the termination of the criminal proceedings against him.”

“The position of the legal representatives of the accused Magnitsky, who refuse to consent to the termination of the criminal proceedings against him, entails the need for a judicial assessment of the findings of the investigation. A court is authorized to decide whether the accused was guilty or not,” the ministry’s Investigative Department said in a statement.

Magnitsky died at Moscow’s Butyrka pretrial detention center on November 16, 2009, while awaiting trial on tax evasion charges.

Human rights defenders claimed that prison medics and law enforcement officers are to blame for his death, which caused a huge public outcry in Russia and abroad.

On July 4, 2011, the Investigative Committee announced the results of an additional forensic examination. As a result, criminal charges were filed against Butyrka doctors Dmitry Kratov (“negligence”) and Larisa Litvinova (“causing death by inadvertence”).

The Kremlin Human Rights Council on July 5 2011 handed a report on an independent probe into Magnitsky’s death to President Dmitry Medvedev.

In August 2011, in view of the Constitutional Court’s ruling obliging the investigators to inquire about the relatives’ attitude toward closing the criminal prosecution of the deceased person for non-rehabilitating reasons, the Prosecutor General’s Office revoked its resolution to end the criminal case against Magnitsky.

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