Posts Tagged ‘european court of human rights’
Mother of dead Russian lawyer Magnitsky makes plea to ECHR
The mother of Sergei Magnitsky, a Russian lawyer who died in November 2009 while being detained in a Moscow prison cell, has appealed to the European Court of Human Rights (ECHR) to declare that Russia has violated the European Convention of Human Rights in relation to Magnitsky’s death.
The claim, which was filed on Wednesday 17 October on behalf of Natalya Magnitskaya by the Open Society Justice Initiative, claims that Russian law enforcement agencies perverted the criminal justice system to silence Magnitsky after he stumbled upon what he believed was a cover-up by Russian state officials to embezzle an estimated $230m (£144m) from the Russian treasury.
Magnitsky, a lawyer at Firestone Duncan in Moscow, was initially detained in November 2008 on suspicion of assisting his client, UK-based investment fund Hermitage Capital Management, to allegedly evade around $17.4m (£11m) in taxes. The lawsuit alleges that Magnitsky was denied medical treatment and was beaten by prison guards just prior to his death.
The claim asks the Strasbourg court to find Russia guilty of violating six articles of the European Convention of Human Rights, which includes articles relating to torture, unlawful detention, retaliation against whistleblowers and the denial of right to life.
“It’s a hugely significant case as it is emblematic of unfortunately how much human rights violations pervade the justice system in Russia and the dangers of those who try to expose these violations and the abominable pre-trial conditions that they’re subjected to,” James Goldston, executive director of the Open Society Justice Initiative and the lead public interest lawyer working on the case, told The Lawyer.
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Magnitsky Case Goes to Strasbourg Court
The mother of Sergei Magnitsky, the anti-corruption lawyer who died in pretrial detention in 2009, has filed a complaint in the European Court of Human Rights.
The lawsuit, filed on behalf of Natalya Magnitskaya by the Open Society Justice Initiative, a George Soros-founded human rights group, accuses Russian law enforcement agencies of manipulating the criminal justice system to silence her son after he exposed a $230 million tax fraud involving Interior Ministry officials.
“Sergei Magnitsky was wrongly detained and tortured because he unearthed evidence of grand theft at senior levels of the Russian government, then refused to back down,” said James Goldston, executive director of the Open Society Justice Initiative and the lead lawyer on the case.
“Though Mr. Magnitsky’s courage was unusual, his fate is not. His case shines a spotlight on the corruption and abuse which pervade Russia’s justice system,” he said in an e-mailed statement.
The complaint, filed Wednesday, says Magnitsky’s death was the result of deliberate abuse while he was moved between five Moscow detention centers over the course of a year. It says he was persistently denied medical treatment for a life-threatening illness and was beaten by guards just before he died.
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Can Enlightenment Come to Russia?
History is replete with tales of those whose enlightened view of the world became their ultimate undoing. It happened in the early 1400s to John Wycliffe who disregarded papal opposition and translated the Bible into the language of ordinary Englishmen. Wycliffe died of a stroke before he could be charged with heresy and burned at the stake, but that did not prevent a trial and conviction years later that resulted in his unearthed bones being cast into the River Swift. Unfortunately, two similar tales are playing out today in modern Russia, and we can only hope that the endings will be vastly different.
The first tale resurrected just last week when we learned that the Russian Ministry of Interior intends to put on trial the “bones” of Sergei Magnitsky, who suspiciously died in custody two years ago after he testified that Ministry officials embezzled $230 million dollars. This bizarre saga will break new ground as the first posthumous prosecution in Russian legal history. For those interested in rule of law, this is a particularly outrageous example of the “legal nihilism” that President Medvedev at first decried but has since accepted.
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Human Rights court awards damages to sick Russian prisoners
The European Court of Human Rights has awarded three seriously ill Russian remand prisoners a total of 38,000 euros following lawsuits against the Russian authorities for poor treatment in pretrial detention centers, according to a ruling published on the court’s website on Tuesday, RAPSI news agency reported.
The issue of poor medical treatment in Russian pretrial detention centers has become increasingly controversial following the high-profile deaths in custody of Hermitage Capital Management fund legal adviser Sergei Magnitsky in November 2009 and Vera Trofimova, a defendant in a fraud case, in April 2010.
The Strasbourg court said the petition was filed by Armen Arutyunyan, Teymuraz Sakhvadze and Vladimir Vasilyev, who were charged with serious crimes including murder and attempted rape.
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Limiting Russia’s Sovereign Democracy
Ever since Kremlin first deputy chief of staff Vladislav Surkov introduced the term “sovereign democracy” in 2006, senior government officials have claimed that the West does not have a right to meddle in Russia’s domestic affairs, particularly regarding human rights issues. But according to the post-World War II paradigm governing international law, gross human rights abuses are a global concern, regardless of where they occur.
Russia’s interpretation of national sovereignty is back in the spotlight after the Western coalition started bombing Libya last month. Although the military intervention was approved by United Nations Security Council Resolution 1973, with Russia abstaining, Prime Minister Vladimir Putin likened it to medieval crusades and said the West should not interfere in “internal political conflicts.”
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