Even death won’t stop prosecution of Russian lawyer
In a move straight out of Kafka, Russian police are taking the unusual step of filing new tax evasion charges against lawyer Sergei Magnitsky, who died in their custody two years ago:
The trial of the defendant, Sergei L. Magnitsky, would be the first posthumous prosecution in Russian legal history, according to a statement by the former employer, Hermitage Capital.
The death of Mr. Magnitsky, a lawyer, in November 2009 drew international criticism over Russia’s human rights record, especially after accusations arose that he had been denied proper medical care. The State Department has barred officials linked to Mr. Magnitsky’s prosecutions from entering the United States. Parliaments in nine European countries are considering similar bans.
Police officials reopened the case against Mr. Magnitsky last summer, saying it would provide a chance for relatives and supporters to clear his name.
Relatives, though, said they had not asked for that, and executives at Hermitage said the motive was something else entirely: to vindicate the officials Mr. Magnitsky had accused of corruption.
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WEF 2012: Swiss TV Interview with Bill Browder
Bill Browder von der Hermitage Foundation warnt: Nicht in Russland investieren. Er berichtet von seinen Geschäften in Russland, die das Leben seines Anwalts gekostet haben und ihn selbst um seines fürchten liessen. Die Protest-Bewegungen gegen das Putin-Regime lassen bei ihm die Hoffnung aufkeimen, dass die Menschen die Zustände nicht mehr hinnehmen.
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Lawyers for Magnitsky family to protest investigator actions
The lawyers for the relatives of Hermitage Capital lawyer Sergei Magnitsky, who died in a detention facility, will not become familiar with the tax evasion case against him.
“We will not read the case materials because the investigation was conducted and the case was resumed with violations of the law,” Nikolai Gorokhov, a lawyer for Magnitsky’s mother, told Interfax.
Gorokhov said the investigator’s decision to stop working on the tax case against Magnitsky will be contested. “We will file another complaint against the investigator’s actions,” the lawyer said.
The lawyer did not make any predictions about the investigator’s actions and their ability to bring the Magnitsky case to court. “I cannot predict their actions because they are doing everything illegally,” he said.
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Russia Plans to Retry Dead Lawyer in Tax Case
The police in Russia plan to resubmit for trial a tax evasion case in which the primary defendant died in detention more than two years ago, his former employer said Tuesday.
The trial of the defendant, Sergei L. Magnitsky, would be the first posthumous prosecution in Russian legal history, according to a statement by the former employer, Hermitage Capital.
The death of Mr. Magnitsky, a lawyer, in November 2009 drew international criticism over Russia’s human rights record, especially after accusations arose that he had been denied proper medical care. The State Department has barred officials linked to Mr. Magnitsky’s prosecutions from entering the United States. Parliaments in nine European countries are considering similar bans.
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Moscow plans to put dead lawyer on trial
Russian investigators have said they may prosecute a dead lawyer who worked for a foreign investment fund in the latest bizarre twist to a case that has come to exemplify investor fears about Russia’s rule of law.
Investigators said they would proceed with a posthumous trial against Sergei Magnitsky over tax fraud following a judicial precedent set last summer, allowing cases to be concluded in spite of the death of the defendant.
The decision comes two years after Magnitsky, a lawyer for Hermitage Capital, died in a pre-trial detention centre where he was held for almost a year after accusing the police of complicity in a $230m tax fraud.
Although investigators have accused Magnitsky and Hermitage’s chief executive William Browder with tax evasion, a presidential human rights commission found last summer that the charges against the lawyer had been fabricated. The federal prison service has already assumed partial responsibility for Magnitsky’s death, which occurred after he was denied access to urgent medical care.
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Russian Authorities Are Continuing Their Trial Against A Hedge Fund Lawyer — Even Though He Already Died In Prison
Sergei Magnitsky, a lawyer for Hermitage Capital, tragically died in Russian custody in 2009, and a somewhat official report last year found that police torture contributed to his death.
However, despite his death, Magnitsky is still on trial.
Ria Novosti reports that the Russian Interior Ministry have told the Magnitsky family that they have concluded an initial investigation and they were ready to submit the case against the late Magnitsky to court.
Magnitsky had been arrested for tax evasion shortly in 2008, not long after he had accused tax and police officials of carrying out a hefty $230-million tax scam. The CEO of Hermitage Capital, William Browder, also faces charges but had fled the country. The case against Browder had reached the statute of limitations but now appears to have been reopened.
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Russia better clean up its act if it wants investment dollars
Russia is opening up and looking to grow, but investors are scared, says Bill Browder, CEO of Hermitage Capital Investment. Watch and listen as he and Chrystia Freeland dish in a closed-door session on Russian investment opportunities, held last week in Davos, Switzerland.
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Russia 2012 forum highlights the need to separate government and economy
Mass privatization, power body reforms, creation of a competitive political system and the pardon of Mikhail Khodorkovsky – these are the steps that foreign investors are waiting for from the Russian ruling elite, as the annual “Russia 2012” economic forum showed.
The forum was organized by Russia’s largest bank, Sberbank, and investment company Troika dialogue as a continuation of the Davos economic forum.
Troika Dialogue head, Ruben Vardanyan, described Russia’s three main challenges. “First of all, corruption. Secondly, the problem of government’s interference in the economy and the high level of monopolization. Thirdly, the political system has outdated itself,” Vardanyan said while opening of the forum on Thursday.
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A Partial Declaration of Human Rights
For years, Russia has tolerated the State Department’s annual criticism of its human rights situation, but not anymore.
It was in April that Moscow finally lost patience. If America would not stop poking it with the human rights stick, it said (though not in precisely those words), Russia would pick up the stick, too. It appointed a human rights commissioner and promised to publish probes of its own.
Its first publication, a “Report on the situation concerning human Rights in certain states” came out last month [link in Russian]. It is extremely revealing, though not perhaps for the reasons its author, Konstantin Dolgov, the Russian Foreign Ministry’s new commissioner for human rights, democracy, and the rule of law, intended.
“The idea is to show that problems in the sphere of human rights and democracy are present in all states. No one is ideal,” Dolgov explained to Kommersant Vlast after the report was published on the Foreign Ministry website.
“We do not accept attempts to persistently and intrusively teach us democracy. Sadly, some of our partners have used such tactics. It is of course important for them to carefully read the Russian report.”
If they do read the report, carefully or otherwise, they will find that many of its general concerns – domestic violence in Finland, detainee abuse in Britain, anti-Semitism in Eastern Europe – are identical to those in its American rival. Many of the sources are the same, too. Dolgov’s document is studded with references to Amnesty International, Human Rights Watch, and Freedom House.
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To learn more about what happened to Sergei Magnitsky please read below
- Sergei Magnitsky
- Why was Sergei Magnitsky arrested?
- Sergei Magnitsky’s torture and death in prison
- President’s investigation sabotaged and going nowhere
- The corrupt officers attempt to arrest 8 lawyers
- Past crimes committed by the same corrupt officers
- Petitions requesting a real investigation into Magnitsky's death
- Worldwide reaction, calls to punish those responsible for corruption and murder
- Complaints against Lt.Col. Kuznetsov
- Complaints against Major Karpov
- Cover up
- Press about Magnitsky
- Bloggers about Magnitsky
- Corrupt officers:
- Sign petition
- Citizen investigator
- Join Justice for Magnitsky group on Facebook
- Contact us
- Sergei Magnitsky