Posts Tagged ‘eu reporter’
The Posthumous Prosectuion of Sergei Magnitsky
On the eve of the third anniversary of the death of Sergei Magnitsky in Russian police custody, the Russian Interior Ministry has announced that it has completed its investigation and prepared the case file for an imminent trial. The proceedings in relation to Magnitsky, who has been dead for three years, will be the first case of a posthumous prosecution in Russian legal history.
Lawyers for Hermitage have uncovered evidence of massive falsifications of documents in the case file. They have filed 40 complaints in the last six months detailing the falsification and other legal violations, including concealment of evidence and conflict of interest, but all complaints have been rejected by the Ostankinsky District Court and the Federal Interior Ministry on unreasoned grounds. Following these complaints, the Interior Ministry investigator Shupolovsky, who has been put in charge of the case, has now denied Hermitage’s lawyer any access to further materials in the case file.
Yesterday, Hermitage lawyers filed five complaints detailing the obstruction of justice and denial of lawyers’ access to the case file with General Prosecutor Chaika, Head of Interior Ministry’s Investigative Department Alekseev and Head of Interior Ministry’s Department for the Central Federal District Agafieva. Their response is not known yet.
“The case is an unlawful criminal proceeding which is carried out in spite of the evidence of innocence and despite the absence of a crime allegedly committed more than ten years ago…Under the guise of a criminal proceeding, the authorities are carrying out a politically motivated punishment of Hermitage, that lead to the death of Sergei Magnitsky,” said Hermitage lawyers in their complaint.
“Counsel was given materials of the case file from which they have established evidence of the falsification and abuse of office,… the significant amount of materials have been concealed from the counsel… Following this, Interior Ministry Investigator Shupolovsky acting in abuse of office and contrary to the interests of the public service, wilfully pursuing unlawful purposes, has denied the counsel the access to the case file,” said the complaint.
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“Magnitsky Law” as a universal tool?
The rejection of the Duma’s Speaker to lead the delegation to the Parliamentary Assembly of the Council of Europe (Strasbourg) made headlines: apparently Sergey Naryshkin didn’t like to hear the report on Russia, examining its fulfillment of international obligations during the last seven years, simply labeling it as ‘a Russo-phobic’.
This was largely interpreted as an incapability to withstand well-grounded criticism by international partners – the 46 parliaments of member-states who expect the Kremlin to honor its international obligations on democratic development, including respect for Human Rights.
From the moment of the alleged flawed legislative elections the authoritarian rule in Russia has been desperate to keep the grip on power at any cost, a traditional Soviet-style violation of individual human rights attempting to create an atmosphere of fear and insecurity.
The season in the Duma started with a scandalous precedent of the stripping of a mandate from one of the most vocal critics of Putin, Gennady Goudkov (left-wing) who became subject of financial investigation shortly after he publically called Putin to step down.
The persecution of genuine political opponents followed after the draconian measures initiated by the Kremlin to silence the civil society: restricting demonstrations, use of internet, foreign aid, dramatically raising fines for all kind of civil disobediences, re-introduction of criminal charges for slander, all incompatible with the constitution.
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EU-RUSSIA: “MAGNITSKY ACT” RECEIVES SUPPORT!
MEPs gave green light to the initiative of Kristiina Ojuland for visa restrictions and assets freezing to individuals implicated in death of the Russian lawyer Sergei Magnitsky. Today Foreign Affairs Committee of the European Parliament voted for a recommendation to the EU Council with a score of 63 -2 – “no”, 1 – “abstention”.
On the eve of a vote Ojuland as a special reporter on the case held a debate with the representatives of differentn political groups in the European Parliament on amendments made.
“Hermitage Capital” Bill Browder, Magnitsky’s former employer, as a special guest of the hearing and an expert on the case called for ‘justice for Sergei’.
“We have all the evidence that Sergei had been beaten on the last night of his life, and he had been tortured before. Nevertheless Among 60 individuals implicated in the affair the only one who was prosecuted was a prison doctor, for not treating Sergei from the sicknesses he never had ” – said Browder.
Meanwhile the “Hermitage Capital” conducted its own investigation and the results were so convincing that the 39 million US doll in the accounts of corrupt officials have been frozen in Swiss banks recently.
“They love to travel and buy property in Europe, – observed Browder. – We must deny them this privilege, if we can’t get justice in Russia’. Since Magnitsky’s death the corrupt officials haven’t changed their luxurious lifestyle, acquiring properties and enjoying the European lifestyle. Moreover, the impunity encourages them to continue to insult the memory of the deceived and intimidate the victim’s relatives seeking justice.
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Keep Russia Civilised
‘Political repressions are becoming massive’, – Russian opposition politician Garry Kasparov told EU Reporter. – ‘After Putins’ inauguration the authorities are on the offensive, because the legitimacy of Putin is questioned by the overwhelming majority of people, especially in big cities. It became obvious that the wave of protests is not going down – the temperature is high and the society is boiling. As a response the authorities try to behead the protest movement’.
Within the group of opposition politicians Kasparov had found a hideaway in Tallinn ‘to be sure that there is no unwelcome interventions’ and the group can discuss the strategies for autumn without unpleasant surprises.
Kasparov knows what he is talking about, because just a few days before he had been seized was by Russian forces without any reason on his way to the court hearing of the political feminist group ‘Pussy Riot’.
‘The authorities have chosen to frighten the opposition politicians and politically active citizens in general, using the most primitive methods’, – continues Kasparov. – ‘They signal that any citizen, even the one just participating in a peaceful demonstration can become a victim of the police brutality’.
The situation has aggravated in recent weeks because criminal procedures have been launched against the well-known opposition figures Alexey Navalny and Boris Nemtzov. Charges against Garry Kasparov were not dropped, although his unlawful arrest is well documented, filmed and transmitted through internet.
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OJULAND: “MAGNITSKY ACT” IS A SURGICAL STRIKE ON CORRUPTION”
“I am extremely pleased with this visit, as it allows Americans to get acquainted in-depth with the EU policy towards Russia which is our strategic partner – said Ambassador Vale del Almeida greeting MEP Kristiina Ojuland – reporter on ‘Magnitsky Law’ in premises of the EU delegation.
On the one hand, none of the serious problems of international agenda as the conflict in Syria, or Iran’s nuclear program can be solved without Russia’s participation, on the other hand, we can’t practice “real-politics” turning a blind eye to human rights problems in Russia. Genuine partnership requires an open exchange of views, including criticism. “, – continued del Almeida.
Arriving of the MEP Kristiina Ojuland to Washngton at the voting day for “Magnitsky Act” in the Senat is not a mere coincidence. More recently Ojulnad, appointed as a reporter on the case of Magnitsky in the European Parliament, – will participate in the conference “Towards Democratic Russia” with Senators Benjamin Cardin and Kelly Ayotte – which will be held on June 27 at the Congress.
Further Ojuland planned the meetings with representatives of different political forces, in particular, with Senator McCain. “We live in times of an individual, not collective responsibility, so the replacement of “Jackson-Vanik amendment’ to the “Magnitsky Law” is a fair and modern solution for fighting corruption – said Ojuland. – ‘Magnitsky Law” – is a surgical strike on corruption, it is not directed against the Russian people. ” Despite the approval of the Senate to become law, “bill Magnitsky” should get the green light in the U.S. House of Representatives that will not happen before the autumn of this year.
However, the opinion of senators has significantly advanced the struggle for justice for the deceased Sergei Magnitsky and against corruption in Russia in general. “In the European Parliament there is a growing interest for the idea of” ‘Magnitsky law” among representatives of different political forces.
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Russian Government extends the Case Investigation into Magnitsky’s Death, No New Suspects, Posthumous Prosecution Continues
The Russian government has extended, for the 12th time, the investigation into the death in jail of whistle-blowing lawyer, Sergei Magnitsky. The previous deadline, which expired today has now been extended to 24 July 2012: this, despite no new suspects being identified and no new charges brought. The investigation remains under the control of the same Russian officials who are conflicted and compromised by their known roles in Magnitsky’s persecution and the concealment of the corruption he had uncovered. The Russian government claims that the death of Magnitsky, a healthy 37-year old prior to his detention, where he was kept for 358 days without trial in inhumane conditions, was “an inevitable event for which no one was to blame”.
“The investigation into my son’s death cannot be viewed as impartial while it is controlled by the same Deputy General Prosecutor of Russia, Viktor Grin, and his subordinates who have covered up the parties responsible for the $230 million theft exposed by my son and for his torture in custody, whilst failing to protect his rights as required by Article 51 of the Russian Law on Detention,” said Magnitsky’s mother in her complaint to the Russian Investigative Committee.
“It is clear that until the high-ranking law enforcement officials responsible for Magnitsky’s persecution are brought to justice, one cannot call what they are doing a real investigation,” said a Hermitage Capital spokesperson.
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