11
June 2012

Police ‘risking lives’ by passing data to Russia

The Independent

The Serious Organised Crime Agency (Soca) has been accused of endangering the lives of British residents by passing confidential details to Russian investigators implicated in the death of the whistle-blowing lawyer Sergei Magnitsky.

British businessman Bill Browder and employees of his hedge fund Hermitage Capital have been pursued by Russian investigators ever since they went public about a £144m tax scam orchestrated by a corrupt network of police, judges and interior ministry officials.

Mr Magnitsky was hired by Hermitage’s Moscow branch to investigate the scam – the largest in Russian history. He named a network of corrupt officials but was promptly arrested by the same men he had accused. He died nine months later in custody having been beaten and denied vital medicine.

The case has become something of a cause célèbre in Russia, illustrating the often murky connections between the country’s powerful security services and organised crime syndicates. The UN, EU and the US government have spoken out against Mr Magnitsky’s death whilst the Kremlin’s human rights council claims he was tortured and probably beaten to death.

Despite grave concerns about the investigation it has emerged that Soca forwarded confidential details, including the home address of London-based Hermitage employee Ivan Cherkasov, to Russian officials implicated in the case.

Letters unearthed by a court in Moscow reveal that Soca handed the data to Russia’s interior ministry following a request made through Interpol. The move came as a surprise to Hermitage, who say they were told by Soca in 2009 that the Russian requests for information might contravene clauses which forbid the Interpol system from being used for political purposes.

Speaking to The Independent yesterday, Mr Browder accused Soca of endangering his employees’ safety. “The Russian interior ministry murdered my lawyer and is now publicly threatening my colleagues in the UK,” he said. “I would have expected the British authorities to do everything possible to protect us. Instead they are passing on crucial information to the Russians to carry out their plans. This is either evil or gross incompetence.”

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08
June 2012

Il Caso Magnitsky – Browder interview on Rai Italy

Rai News 24

Sergei Magnitsky, the young lawyer who worked for the investment fund Hermitage Capital, died mysteriously in a Russian prison in 2009. The Italian Parliament, together with the United States Congress, is debating a motion to punish the Russian government officials responsible for his death. Marina Sapia spoke to William Browder, CEO of Hermitage Capital.

http://www.rainews24.rai.it/it/video.php?id=28363

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08
June 2012

U.S. Magnitsky law will be beneficial – rights activist Ponomaryov

Interfax

Veteran of the Russian human rights movement and For Human Rights group leader Lev Ponomaryov has welcomed the decision by the United States House of Representatives to approve the Magnitsky bill, which could impose visa and financial sanctions against Russian officials.

“It is a concrete signal and I think it will be of benefit to Russia,” Ponomaryov told Interfax on Thursday.

There was no genuine inquiry into the death of Hermitage Capital lawyer Sergei Magnitsky, and the Russian officials and law enforcers responsible for his death have not been punished, he said.

“The Russian public demanded an answer from the authorities. No one answered to us. On the other hand, all the circumstances surrounding Magnitsky’s death indicate that he was killed. Just as during the Soviet period, there is some impulse coming from the West,” Ponomaryov said.

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08
June 2012

House panel backs “Magnitsky” sanctions on Russia

Reuters

A congressional committee unanimously approved on Thursday a measure to penalize Russian officials for human rights abuses, adding to tensions with Moscow and complicating White House efforts to pass Russian trade legislation in the coming months.

The House of Representatives Foreign Affairs Committee approved on a voice vote the “Sergei Magnitsky Rule of Law Accountability Act,” named for a 37-year-old anti-corruption lawyer who worked for the equity fund Hermitage Capital. His 2009 death after a year in Russian jails spooked investors and blackened Russia’s image abroad.

The measure has bipartisan support among lawmakers but its prospects for passage in Congress remain uncertain.

The measure would require the United States to deny visas and freeze the assets of Russians linked to Magnitsky’s death. The Obama administration already has imposed visa restrictions on some Russians believed to have been involved in Magnitsky’s death, but kept their names quiet.

The bill would make public the list of alleged offenders, broaden it to include other abusers of human rights in Russia and prohibit them from doing their banking in U.S. institutions.

Russian officials have warned that the bill would harm American-Russian relations, and U.S. business groups say it could hurt their interests in Russia.

The White House worries the bill will get embroiled in President Barack Obama’s efforts to reap the trade benefits of Russia’s looming entry into the World Trade Organization, a key achievement of the “reset” in U.S.-Russia ties of recent years.

Approval by the panel was just the first step in advancing the Magnitsky bill by Democratic Representative Jim McGovern through the Republican-controlled House. Before it can get a vote of the full House, two more committees must approve it or waive jurisdiction. The Democratic-controlled Senate has not acted on a similar bill by Senator Ben Cardin, a Democrat.

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08
June 2012

Pass the Magnitsky Bill

Huffington Post

I don’t often agree with Elliott Abrams against the Obama Administration — but the Magnitsky bill creates strange bedfellows.

The bill is named after a young Russian lawyer, who was tortured and died in prison for trying to blow the whistle on government fraud. It would impose travel bans to the U.S. and financial sanctions on anyone responsible for extrajudicial killings, torture or other gross violations of human-rights against individuals trying to defend human rights or who are seeking to expose illegal activity carried out by officials of the Russian government.

Sounds pretty important in a country that has become one of the leading murderers of journalists, and that is trail blazing the 21st century version of authoritarianism at home, and support for noxious regimes like Syria abroad. And by pinpointing sanctions against those carrying out abuse, it takes a page out of the smart sanctions book that has improved our leverage against countries by letting us target the real wrongdoers, not the general public.

But the Magnitsky bill is even more vital. The Administration wants Russia to join the World Trade Organization. To do that, we need to drop the Cold War Jackson-Vanik legislation that tied trade to allowing Jews and those persecuted by the former Soviet Union to emigrate — since linking issues that way is against WTO rules. This bill lets us get at human rights in Russia another way.

The Administration isn’t supportive — and that’s a real missed opportunity. Research on organizations like the WTO show that they allow outside countries to exercise immense leverage on domestic issues — but only during the negotiation stage. In other words, we can use the WTO to push Russia for some real reforms in its rule of law — but as soon as they are in, we lose that leverage.

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08
June 2012

Congress advances bill to pressure Russia on human rights

Washington Post

A bill that would impose sanctions on Russians who commit human rights violations moved ahead in the U.S. Congress on Thursday despite resistance from the Obama administration and angry denunciations from Kremlin officials.

The Sergei Magnitsky Rule of Law Accountability Act, named in memory of a corruption-fighting Russian who worked for an American law firm and died in police custody, was approved by the House Foreign Affairs Committee. Two more committees must weigh in before a vote of the entire House, and the Senate has yet to act on its version.

Magnitsky, a tax adviser for the Hermitage Capital investment company, was 37 when he died here in pretrial detention in 2009. After discovering that stolen Hermitage documents were being used to plunder $230 million from the Russian treasury through a fraudulent tax return, Magnitsky accused tax and police officials of the crime. They charged him instead, and nearly a year later he died in custody, his body marked by signs of beating.

Since then the affair has become deeply entangled in ever complicated U.S.-Russian relations. Human rights advocates have lobbied hard for the bill, which requires publicly naming those Russians connected to the case, denying them visas and freezing their assets. The State Department would have to deliver yearly reports on enforcement.

The Obama administration has been deeply critical of Russia’s refusal to hold anyone accountable for Magnitsky’s ill treatment and death, but it has argued that a secret visa blacklist it drew up last summer is more effective and avoids publicly challenging Moscow.

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08
June 2012

U.S.–Russia Trade and the Magnitsky Act

The Foundry

Today, the House Foreign Affairs Committee unanimously approved the Sergei Magnitsky Rule of Law Accountability Act (H.R. 4405), a measure designed to promote human rights in Russia. The committee’s vote has important implications for both human rights and international trade.

In a few months, Russia will become a member of the World Trade Organization (WTO). U.S. businesses will not be able to benefit from the concessions Russia made to join the WTO unless Congress first repeals the Jackson–Vanik Amendment, a powerful tool that the U.S. successfully used to promote human rights in Soviet Russia and other countries that restricted emigration during the Cold War. Failure to repeal Jackson–Vanik could place U.S. companies at a disadvantage while other WTO members benefit from significantly increased access to the Russian economy.

Regrettably, the Obama Administration did not work with Congress to resolve these issues before agreeing to Russia’s accession to the WTO. Now, Russian accession will put U.S. businesses at a disadvantage in Russia until Congress repeals Jackson–Vanik.

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08
June 2012

Magnitsky Bill Clears First Hurdle in US Congress

World Affairs

On Thursday morning, by a unanimous voice vote, the US House Committee on Foreign Affairs approved a bill that offers a rare example of congressional bipartisanship. The Sergei Magnitsky Rule of Law Accountability Act, cosponsored by leading Republicans and Democrats in both houses of Congress, deals with an issue that the current and previous administrations were too timid (or too calculating) to address seriously: human rights violations in Russia. The bill drew the Kremlin’s attention as no other US congressional initiative has in years—perhaps not since the 1974 Jackson-Vanik amendment, which linked US-Soviet trade to the freedom of emigration. Hours after his inauguration on May 7th, Russia’s reinstated president, Vladimir Putin, signed a decree tasking his diplomats with “preventing the introduction of unilateral extraterritorial sanctions by the United States of America against Russian legal entities and individuals”—a thinly veiled reference to the Magnitsky Act.

Sergei Magnitsky was a Moscow lawyer who died in custody in 2009 after reportedly being tortured and denied access to medical care. A year earlier, he uncovered a $230 million tax fraud scheme—the largest known in Russian history—which involved the previously seized assets of Hermitage Capital Management, an investment fund he was representing. Magnitsky’s testimony implicated several law enforcement officials. The result was his own arrest. Almost three years after Magnitsky’s death, not one of the perpetrators has been punished: on the contrary, a number of interior ministry officials involved in his case have received awards and promotions. Indeed, the most prominent criminal investigation in Russia involving Magnitsky has been, astonishingly, the ongoing posthumous case against him.

The Magnitsky Act, which now advances to the House floor, proposes a targeted visa ban and asset freeze against individuals “responsible for the detention, abuse, or death of Sergei Magnitsky,” as well as for any “extrajudicial killings, torture, or other gross violations of internationally recognized human rights” in Russia. It is in defense of these fine citizens that Putin has mobilized the full force of his diplomacy. Both Foreign Minister Sergei Lavrov and the Kremlin’s top foreign policy adviser, Yuri Ushakov, have called the bill “anti-Russian,” and threatened unspecified retaliation. Presumably, all those US officials with retirement savings in Russian banks have been put on notice.

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08
June 2012

US House Panel Approves Magnitsky Bill

Wall Street Journal

A U.S. House committee approved legislation — without debate — that would punish Russian human-rights violators.

The legislation was named for Sergei Magnitsky, a lawyer for Hermitage Capital Management who has been lionized around the world as a martyr and a whistleblower after he made allegations of a huge fraud scandal in Russia and died while in the hands of Russian authorities.

The scandal involved the alleged theft of hundreds of millions of dollars from Hermitage by Russian police, tax officials and others. Magnitsky had testified to Russian prosecutors in October 2008 but he was arrested and remanded to the very officials he accused in his testimony.

As the scandal unfolded, the U.S. created a secret visa blacklist of those it said were involved in the case. Moscow responded with its own list. The bill would make the U.S. list public, broaden it to include other human-rights abusers and ban those on the list from banking at U.S. financial institutions.

Russia has vowed to retaliate if the legislation becomes law, though it faces an uncertain future in an election year, according to a Dow Jones Newswires report.

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