29
July 2013

Russia Requests Interpol Warrant for Browder

Moscow Times

The Interior Ministry has officially requested that British investment fund manager and “Magnitsky list” campaigner William Browder be placed on Interpol’s international wanted list.

In a statement released by the ministry, it was confirmed that a request for the arrest of the Hermitage Capital CEO had been made by the General Procurator’s Office, Interfax reported.
“In accordance with current legislation and on the basis of documents received from the General Procurator of the Russian Federation, the Interpol Bureau for Russia have sent a request to the General Secretariat to issue an international arrest warrant for Browder, William Felix, a citizen of the United Kingdom of Great Britain and Northern Ireland, born in 1964,” the statement read.

Browder is wanted in connection with the illegal acquisition of 131 million Gazprom shares at domestic-market prices between 1999 and 2004. As a result of Browder’s alleged dealings, the state lost 2.9 billion rubles, the statement says.

In May, the ministry asked Interpol to issue a ‘blue notice’ for Browder, which would have required all 190 member states to collect additional information about his identity, location and activities. The Interpol General Secretariat rejected that request however, citing “the predominantly political nature” of the case.

In July, Browder was tried in absentia in Moscow’s Tverskoi District Court for stealing more than $15 million in state funds and was sentenced to nine years in prison. His former lawyer Sergei Magnitsky was also tried posthumously and found guilty.

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26
July 2013

WICKER: Russia’s adoption freeze – Is a humanitarian solution within reach?

Washington Times

When the Russian government decided late last year to forbid international adoptions with the United States, the heartbreak was swift and palpable. The Kremlin’s political opportunism had reared its ugly head — denying orphans the chance at a better future and leaving adoptive families incomplete.

Approximately 300 U.S. families, including several in my home state of Mississippi, were in the process of adopting children from Russia when the ban took effect in January. These families had traveled across the world to meet and bond with the children they hoped to welcome into their lives. As the extensive paperwork and formalities progressed, the emotional ties grew stronger.

Today, these “pipeline” families are working tirelessly to challenge Russia’s broken promises and bring attention to the hundreds of orphans still waiting for Mom and Dad. Their pleas have yet to stir a response from Russian officials, who refuse to allow the pending cases to move forward. But growing international support has inspired new hope that a humanitarian solution should prevail.

The resounding consensus by the Organization for Security and Cooperation in Europe (OSCE) is encouraging. Earlier this month, the parliamentary assembly of the 57-country organization overwhelmingly passed a measure I introduced to uphold the sanctity of the adoption process between nations.

Specifically, the resolution — the first of its kind for the OSCE — urges countries to settle differences in a “positive and humanitarian spirit,” with the goal of avoiding the “disruption of intercountry adoptions already in progress that could jeopardize the best interests of the child.” Although the measure does not carry legal weight, it bears moral authority that I hope will advance negotiations between the State Department and Russian officials in the coming months. Above all, it affirms the positive influence of family on the life of a child.

Most would agree that intercountry adoption is a sensitive issue with unique considerations. Likewise, we recognize that countries have the right to control how they conduct their adoption processes. But Russia’s severing of established relationships between adoptive parent and child unfairly changes the rules in the middle of the game. In passing my resolution, the OSCE has sent a clear signal that the concerns of some 300 families in the final stages of the adoption process are legitimate, important and worthy of attention.

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26
July 2013

INTERPOL cannot be used by the Russian Federation to seek the arrest of Mr William Browder

INTERPOL

LYON, France – On 24 May 2013, the Independent Commission for the Control of INTERPOL’s Files (CCF) concluded that the Russian Federation’s use of INTERPOL’s channels to seek information concerning Mr William Browder was predominantly political in nature and therefore contrary to INTERPOL’s rules and regulations. It recommended that all data relating to Russian Federation’s request concerning Mr Browder be deleted from INTERPOL’s databases.

The General Secretariat immediately implemented the CCF’s recommendation, and all INTERPOL member countries were informed of the CCF’s findings and recommendation as well as the General Secretariat’s actions.

Today, Friday 26 July, INTERPOL received another request from the National Central Bureau of Moscow concerning Mr Browder, this time seeking to locate and arrest Mr Browder with a view to his extradition on a charge of ‘qualified swindling’ as defined by the Russian Penal Code.

INTERPOL considers this charge to be covered by the previous decision of May 2013. Therefore all information related to this request for Mr Browder’s arrest has been deleted from INTERPOL’s databases and all INTERPOL member countries have been informed accordingly.

INTERPOL has taken the decision to make its decisions and actions public in response to the Russian Federation’s request, given their public statement on the matter.

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26
July 2013

The Son Of Putin’s Worst Enemy Explains What’s Going Wrong With Russia

Business Insider

Relations between Russia and the U.S. have recently hit a rough patch.

In December, Congress passed the Magnitsky Act, which will create a black list of Russian officials suspected of human rights abuses. Hermitage Capital founder William Brouder had lobbied for years for the legislation, which is named after Sergei Magnitsky, a Hermitage-lawyer who died in a Moscow jail after accusing officials of involvement in an enormous tax fraud.

Before the list could even be finalized, however, the Russian Duma hit back with its own legislation seeking to ban the adoption of Russian children by U.S. families. Russian media had complained about high profile cases of abuse for years, but the timing and severity of the legislation made it clear this was retaliation.

Given that just a few years ago we were talking about a U.S.-Russia “reset” in relations, the whole thing seems like a remarkable step backwards for the two countries. Add to that an ongoing clampdown on dissent in the country — most notably in the case of the anti-Putin feminist group Pussy Riot — and strict new legislation on homosexuality, the situation in Russia looks dark.

For insight on the matter, we talked to Pavel Khodorkovsky, the head of the Institute of Modern Russia and the son of a bitter enemy of President Vladimir Putin. Pavel’s father, Mikhail, was once Russia’s richest man, head of the enormous Yukos oil company with a personal fortune of $15 billion. A public spat with President Vladimir Putin, however, left him as one of Russia’s most famous prison inmates — and one of Putin’s most outspoken critics.

Pavel hasn’t been back to Russia since his father’s arrest, but keeps in close correspondence with Mikhail, monitoring events in Russia. He explained how the adoption ban seemed to be a bargaining chip for Russia, and one that Russian orphans would lose out from. He admitted that his family’s hope for the Russian opposition had initially been high, but that the Kremlin’s clampdown means “criteria by which we judge the progress will have to change.” Finally, he explained why the Magnitsky Act was so important, not just in the Hermitage Capital case, but also for other jailed dissidents, such as his father.

The transcript of our conversation with Pavel, lightly edited for clarity, is below.

The first thing to talk about is the U.S. adoption ban in Russia. Were you surprised at how quickly that went through and with so little opposition?

I think the legislators in Russia have quickly realized that they’re really not going to achieve anything with the original piece of legislation [a Russian black list for U.S. officials] because not many state officials travel to Russia. I don’t think that McCain is going skiing in the Ural Mountains anytime soon. It’s just a futile effort at retaliation. And I think there was this idea — I actually don’t believe that it was coming from the Kremlin — to create an additional lever. Basically create a negotiating avenue, something that people would care about in the U.S., and that became the adoption ban.
You know the statistics — 60,000 kids were adopted over the course of the last 10 years. Nineteen cases, yes, tragedies. But compare that to 1,500 kids who are dying in orphanages every year in Russia, and those are just the official statistics, taken straight out of the website of the general prosecution office. It certainly looks like they have a much better chance of getting proper medical care, and frankly surviving, here in the U.S.

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25
July 2013

Libel suit over Magnitsky allegations challenged in London court

Reuters

British investment fund manager Bill Browder has asked a London court to throw out a libel suit brought against him by a Russian former police officer who denies allegations that he played a part in the death of the lawyer Sergei Magnitsky, court documents show.

Pavel Karpov, a former Russian Interior Ministry investigator who is on the “Magnitsky list” of people barred from the United States over the lawyer’s death, is suing Browder over four videos and two articles linking Karpov to the case.

Magnitsky, who was acting for Browder and his Hermitage Capital Management at the time, was arrested after accusing Russian officials of a $230-million fraud, and died in prison in suspicious circumstances.

He was posthumously found guilty of tax evasion by a Moscow court on July 11 this year and Browder was convicted in absentia and sentenced to nine years in jail in the same trial, which was criticised by both the United States and the European Union.

Browder’s campaign to vindicate Magnitsky helped to bring about the U.S. Magnitsky Act, which bars Russians suspected of involvement in the lawyer’s death from the United States and freezes their assets there.

During a two-day hearing at the London High Court, which Browder attended, his lawyers argued that Karpov’s libel suit against him was an abuse of process.

“An avowed purpose of (Karpov) in pursuing the claims, to attack his inclusion on the United States government’s Magnitsky list, is not an appropriate use of the process of the court,” the lawyers wrote in a document presented to the judge.

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24
July 2013

Browder asks court to throw out Magnitsky libel lawsuit

Financial Times

Bill Browder, the UK-based fund manager behind the US Magnitsky Act, is asking the High Court to throw out an extraordinary libel lawsuit brought against him by a Russian he accused of being involved in Russia’s biggest tax fraud.

Mr Browder has become a hate figure for the Russian leadership after lobbying Congress to adopt the Magnitsky law last year. The law imposed sanctions on Russians allegedly involved in the $230m fraud and the death in custody of Sergei Magnitsky, a lawyer Mr Browder employed to investigate it.

The defamation case has been brought by Russian-based Pavel Karpov, a former policeman who is suing over allegations on a campaigning website run by Mr Browder.

Magnitsky died in a Russian jail four years ago but he was convicted of tax evasion this month in a posthumous Russian trial that drew widespread criticism in the west.

Mr Browder’s campaign has accused Mr Karpov of being involved both in the fraud and of being among police who arranged for Magnitsky’s arrest and torture in jail. Mr Karpov’s libel writ says those claims are false.

The case is bound to reignite concerns around libel tourism and that London’s courts are being used by the rich and powerful who have tenuous links with the UK but want to exploit its claimant-friendly rules.
Mr Browder alleges the Russian government is ultimately behind the case and is using it to attempt to force him to take down videos on his website.

Antony White QC, Mr Browder’s barrister, claims in court papers that Mr Karpov “does not have the means to pay for this litigation himself” and is relying on an unidentified friend.

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24
July 2013

Magnitsky libel case ‘may be backed by the Kremlin’

Daily Telegraph

The Kremlin has been accused of abusing the British justice system to wage a politically motivated campaign against UK hedge fund boss Bill Browder after libel proceedings were launched against the millionaire in the High Court.

Pavel Karpov, an unemployed former Russian police officer, is suing Mr Browder and his UK-based fund Hermitage Capital for saying he was complicit in the “torture and murder” of anti-corruption whistleblower Sergei Magnitsky four years ago.

Mr Karpov strongly denies the allegations, along with suggestions he was involved in fraud and kidnapping, and is seeking to clear his name.

However, in a pre-trial hearing, Antony White QC for Mr Browder demanded the case be thrown out for “abuse of process” as Mr Karpov had “no connection with England and no reputation to protect here”. He added that the case was politically motivated and possibly funded by the Kremlin.

Mr White drew attention to Mr Karpov’s admission that he does not have the means to pay for litigation, which could come to £6m, as well as the “highly political dimension” of the case. Mr Magnitsky has become an anti-corruption martyr in Russia, and Mr Browder’s relentless campaigning a diplomatic headache for President Vladimir Putin.

According to Mr Karpov’s witness statement, the cost of his libel claim is being covered by a loan from Transnational Bank in Russia and backed by a wealthy entrepreneur friend who has agreed “to stand as a personal guarantor”.

Mr White told the court that if the case went to trial, the costs would be “£3m to £4m on our side alone”. Under UK libel law, Mr Karpov can seek up to a maximum of £240,000 in damages. Even if he wins, lawyers said, his damages would be unlikely to cover his costs.

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24
July 2013

Europe must oppose humans rights abuses in Russia, says David Trimble

Belfast Newsletter

Europe must provide much stronger opposition to human rights abuses and corruption in Russia, the former first minister of Northern Ireland said tonight.

Lord Trimble said the Council of Europe must press for countries to impose visa bans and freeze the assets of Russian officials who had been implicated in corruption.

In the United States, the Obama administration had already passed a “Magnitsky law” which banned from America any Russian officials thought to be involved in the death of Sergei Magnitsky, a lawyer who died in detention in Russia.

Speaking during a debate in the House of Lords, the peer said the Council of Europe, the continent’s leading human rights organisation of which Russia is a member, needs to increase pressure on president Vladimir Putin’s government.

Lord Trimble said: “I think what we should do is that we should have no illusions about the regime. Their legal system is an extension of the ruling party, and the party of the government as a whole are deep in corruption and will stop at nothing to preserve their power.

“I hope that the European Court of Human Rights will vindicate the fundamental rights and freedoms of the convention in the cases that come before it.

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24
July 2013

Retired Russian police officer accused of complicity in tax fraud and murder of whistleblowing lawyer Sergei Magnitsky ‘receiving Kremlin help’

The Independent

A retired Russian police officer accused of complicity in a massive tax fraud and the murder of whistleblowing lawyer Sergei Magnitsky was claimed to be receiving Kremlin help in bringing a multi-million pound libel case in London.

Lieutenant Colonel Pavel Karpov, an unemployed former interior ministry investigator who lives in a luxury Moscow flat, is suing British businessman William Browder, a millionaire hedge fund investor who employed Mr Magnitsky and is leading a campaign against corruption in the Russian government, for substantial damages in the High Court.

A pre-trial hearing was told yesterday that the case is likely to cost a minimum of £6m and that Mr Karpov has admitted he cannot afford to fund the proceedings himself. He is refusing to name a businessman friend who he insists is guaranteeing bank loans to fund the case and he says has no connection with the Russian state.

Mr Browder is seeking to have the libel suit, which arises from a series of internet postings made on his behalf about the Magnitsky scandal, thrown out as an abuse of the legal system on grounds including the claim that Mr Karpov has no links with Britain. In turn, Mr Karpov is seeking to have elements of Mr Browder’s defence struck out, including any suggestion that he could have had a hand in or responsibility for Mr Magnitsky’s death.

The case is likely to raise fresh debate about the use of the English courts for so-called “libel tourism”. Mr Karpov has said he is justified in bringing his proceedings in part because the website used to post the material he claims is defamatory is based in the United Kingdom.

Antony White QC, for Mr Browder and his company, Hermitage Capital Management, told the court there was “evidence” that previous libel proceedings brought by Mr Karpov in Russia linked to the Magnitsky case had been instigated from within the Kremlin, adding there were grounds to suspect that a similar arrangement was in place in the London case.

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