Stop the Untouchables. Justice for Sergei Magnitsky.

UK refuses mutual legal assistance to Russia in the posthumous prosecution of Sergei Magnitsky

International Criminal Law Bureau

In the land where everything seems possible, the Russian Interior Ministry has reported that the UK has refused Russia’s mutual legal assistance request in the case of the posthumous prosecution of whistleblowing lawyer Sergei Magnitsky who died on 16 November 2009 in Butyrka prison in Moscow and the in-absentia prosecution of his client William Browder, CEO and co-founder of the Hermitage Capital Management investment fund.

Commenting on the refusal by the UK to extradite Mr Browder to Russia, the Russian Interior Ministry stated: “this fact does not pose an obstacle for sending the case to court, because Russian investigators have followed juridical formalities in full.” The position by the Interior Ministry, that “juridical formalities have been followed in full” is curiously also applied to their prosecution of the late Mr Magnitsky, the first ever posthumous prosecution known in history.

While prosecuting dead people might well comply with the Russian law, in practice, certain procedures may prove challenging. The Prosecution may struggle somewhat to find out if the defendant would want to plead guilty or not guilty. Cross examination could prove difficult. Bail conditions should be easier to tackle, though.