Posts Tagged ‘irwin cotler’

10
June 2015

Canada needs a ‘Magnitsky’ law to take on human-rights violators

The Globe and Mail

In March, the House of Commons unanimously adopted my motion calling for sanctions against individual human-rights violators, including those complicit in the 2009 detention, torture and murder of Russian whistle-blower Sergei Magnitsky. With just weeks until Parliament rises for the summer, however, the government is running out of time to act upon that expression of laudable intent.

Mr. Magnitsky was a Moscow lawyer who uncovered widespread corruption on the part of Russian officials. After testifying against them, he was jailed, tortured and killed in prison in 2009, before being posthumously convicted – in a Kafkaesque coverup – of the very fraud he had exposed.

Since his death, his former employer, Bill Browder, has been advocating for sanctions such as travel bans and asset freezes against those responsible, who would otherwise not be held to account in Vladimir Putin’s Russia. Indeed, many have been rewarded by President Putin for their criminality.

Yet because corrupt Russian officials tend to store and spend the proceeds of their crimes beyond the country’s borders – depositing their money in foreign banks, vacationing at foreign resorts, sending their children to foreign schools – the international community has the power to impose tangible consequences by curtailing their ability to travel and trade around the world.

This approach has notably won the endorsement of the European Parliament and legislatures in Britain, the Netherlands, Italy, the United States and now Canada. As yet, however, only the United States has taken action: Congress imposed sanctions against Mr. Magnitsky’s tormentors in 2012, and is currently studying a new bill that would expand those sanctions to cover human-rights violators generally.

The motion adopted by Canadian MPs – and more recently by the Senate, as well – both specifically endorses sanctions in the Magnitsky case, and urges the government to “explore sanctions as appropriate against any foreign nationals responsible for violations of internationally recognized human rights in a foreign country, when authorities in that country are unable or unwilling to conduct a thorough, independent and objective investigation of the violations.”

Accordingly, Tuesday, I introduced a private member’s bill that would explicitly authorize the Canadian government to impose visa bans and asset freezes on human-rights violators. Although my bill is unlikely to be adopted before the House rises, I offer it as a template for how the motion passed by the House and the Senate could be enacted in law. There is still time for the government to either take over my bill or to introduce similar legislation of its own, out of respect for the unanimous will of Canadian MPs, and out of solidarity with the victims of human-rights violations in Russia and around the world.

These victims – and the courageous activists who stand up to rights-violating regimes at great personal risk – were on my mind when I rose Tuesday in the House to present my legislation. In particular, I could almost feel the presence of my late friend Boris Nemtsov, the leader of the democratic Russian opposition who was murdered near the Kremlin earlier this year.

In 2012, I joined him in Ottawa to condemn the impunity, corruption and human-rights violations of the Putin regime, of which the Magnitsky tragedy is a case study, and to issue an urgent appeal for global Magnitsky legislation.

Mr. Nemtsov supported the sanctions that Canada has rightly imposed in response to Russian aggression in Ukraine, although there remain key Russian officials who have been spared Canadian sanctions. It is time, however, for us to treat Russian domestic human-rights violations as seriously as we do violations of political independence and territorial integrity. Had we acted in 2012 against Russian violations, for example, we might have helped deter the external aggression that followed.

Ultimately, countries that value human rights and the rule of law must use the measures at our disposal to hold violators to account and discourage future violations. Otherwise, we are exposed as having far less concern for these noble principles than our usual rhetoric – including a motion unanimously adopted by the House of Commons – would suggest.

Irwin Cotler is the Liberal MP for Mount Royal, former justice minister and attorney-general of Canada, and professor of law emeritus at McGill University. He is chairman of the Justice for Sergei Magnitsky Inter-Parliamentary Group. займы без отказа онлайн займ https://zp-pdl.com/apply-for-payday-loan-online.php www.zp-pdl.com микрозаймы онлайн

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10
June 2015

COTLER INTRODUCES “MAGNITSKY” BILL TO SANCTION HUMAN RIGHTS VIOLATORS

Irwin Cotler

Government declared support for human rights sanctions in March, but has yet to take action

MP Irwin Cotler today introduced the Global Magnitsky Human Rights Accountability Act (C-689), which would allow for the imposition of travel bans and asset freezes against human rights violators. In March, the House of Commons unanimously endorsed a motion by Cotler calling for such sanctions, and a similar motion introduced by Sen. Raynell Andreychuk passed the Senate in May, but the government has yet to heed Parliament’s call.

“I was very encouraged when members of all parties came together earlier this spring to support these critical measures,” said Cotler, the Liberal Critic for Rights and Freedoms and International Justice. “But it is deeply disappointing that the government still hasn’t moved forward with legislation.”

Magnitsky laws are named for Russian lawyer Sergei Magnitsky, who blew the whistle on large-scale tax fraud committed by Russian officials before being detained, tortured, and killed in prison in 2009. He was posthumously convicted, in a Kafkaesque cover-up, of the very corruption he had exposed.

Continued Cotler: “In Ottawa in 2012, I stood with Boris Nemtsov, the leader of Russia’s democratic opposition, to call for Magnitsky legislation; Boris was murdered in February. In 2013, I stood in Ottawa with Sergei Magnitsky’s last employer, Bill Browder, and with another Russian opposition leader, Vladimir Kara Murza, to make the same appeal; Bill has been repeatedly threatened, and Vladimir is recovering from an apparent poisoning. What else has to happen before Canada and other members of the international community take action commensurate with the seriousness of the situation?”

Resolutions calling for Magnitsky sanctions have been passed by the European Parliament, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, the Parliamentary Assembly of the Council of Europe, and legislatures in the United Kingdom, the Netherlands, Italy, the United States, and Canada. When the Canadian motion passed the House, MPs and Senators from all parties – including the Parliamentary Secretary to the Minister of Foreign Affairs, David Anderson – held a joint press conference to mark the occasion. Thus far, however, only the U.S. has moved from words to deeds.

“There is still time for the government to either take over my bill or pass similar legislation of its own,” urged Cotler, “both out of respect for the will of Parliament, and out of solidarity with the victims of human rights violations – and those who struggle valiantly on their behalf – in Russia and around the world.” займы на карту без отказа payday loan https://zp-pdl.com/online-payday-loans-cash-advances.php https://zp-pdl.com/emergency-payday-loans.php займ на карту

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07
February 2014

Sochi Olympics: Remembering Sergei Magnitsky

Huffington Post

Today, on the eve of the Sochi Olympics, over 200 writers from around the world — including Margaret Atwood, Salman Rushdie, and Russian novelist Lyudmila Ulitskaya — published an open letter condemning the Russian government’s attacks on free expression, and calling on Russia to create “an environment in which all citizens can experience the benefit of the free exchange of opinion.”

Regrettably, as the globe’s attention turns to Russia for a celebration of sport, the Russian reality is that Vladimir Putin’s administration persecutes sexual minorities, brutally suppresses political dissent, and supports Bashar al-Assad’s murderous regime in Syria, among other intolerable transgressions. All of these abuses rely on a culture of impunity and corruption, and the absence of the rule of law. As such, addressing these fundamental problems is essential to improving the human rights situation in Russia overall.

To that end, I recently chaired the inaugural meeting in Brussels of the Justice for Sergei Magnitsky Inter-Parliamentary Group. While working in Moscow as a tax attorney for a London-based investment fund, Magnitsky uncovered widespread corruption, which involved senior officials from six Russian ministries and deprived Russian taxpayers of over $230 million. In 2008, he testified against those responsible, and was subsequently arrested and imprisoned at their behest without bail or trial in Botkyrka, where Holocaust hero and honorary Canadian citizen Raoul Wallenberg was once held. Tortured in detention, Magnitsky refused to recant even as his health deteriorated, he was denied medical treatment, and, after excruciating suffering, he died in jail in November 2009 at the age of 37. Earlier this year, in a move that would make Kafka blush, Magnitsky was posthumously tried and convicted of the very crimes he had uncovered.

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10
December 2013

Lawmakers From 21 Countries Form Magnitsky Group

Moscow Times

Lawmakers from 21 countries have formed a commission to promote sanctions against Russian officials implicated in the prison death of whistle-blowing lawyer Sergei Magnitsky in 2009.

The Justice for Sergei Magnitsky commission, which was holding its inaugural meeting at the European Parliament in Brussels on Wednesday, includes lawmakers from Canada, Britain, France, Germany, Spain, Poland and 15 other countries.

It is headed by Irwin Cotler, a former Canadian justice minister and attorney general who served as lawyer to prominent prisoners of conscience such as Nelson Mandela in South Africa and Natan Sharansky in the Soviet Union, according to its website.

“This will be the inaugural launch of a global, coordinated campaign to impose Magnitsky sanctions internationally,” Cotler said in an e-mailed statement.

“The Magnitsky case has come to represent all that’s wrong with Putin’s Russia,” he added. “By forming the inter-parliamentary group on the Magnitsky case, we hope to give expression to the best initiatives from parliaments around the world and implement them across the countries represented by parliamentarians participating in this group.”

The group timed its first meeting with the fourth anniversary of Magnitsky’s death on Nov. 16, 2009, said a spokesman for Hermitage Capital, once Russia’s largest foreign investment fund and the employer of Magnitsky at the time of his death.

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25
March 2013

Why Russia’s Attempt to Convict a Dead Man Matters

Huffington Post Canada

Today — as though more evidence were required to demonstrate the upside-down state of human rights and the rule of law in Russia — the country’s prosecutors resume their efforts to convict a dead whistleblower of the very corruption he exposed. The posthumous trial of Sergei Magnitsky has properly been called “grim comedy” by a group of French legislators, and it is only the most recent — and patently absurd — element of the Russian government’s strategy to cover up fraud, theft, and human rights violations committed by its own high-ranking officials.

Magnitsky uncovered the scheme — which involved officials from six senior Russian ministries and deprived Russian taxpayers of over $230 million — while working in Moscow as a tax attorney for Hermitage Capital Management, an international investment fund based in London. In 2008, he testified against the officials responsible, and was subsequently arrested and detained at their behest without bail or trial. He refused to recant even as his health deteriorated, he was denied medical treatment, and he died in jail in November 2009 at the age of 37. An investigation into his death — and into allegations that he was badly beaten in prison — was abruptly dropped this week.

Russian authorities continue to insist that he was complicit in the fraud, and they have begun inventing new crimes of which to accuse him in an attempt to further undermine his credibility. Magnitsky is now under posthumous investigation for illegally purchasing shares of Russian energy giant Gazprom, despite the fact the transaction was approved years ago by the Russian Federal Securities Commission. As well, Russian law enforcement revealed last month that it may hold him responsible for the country’s 1998 default for supposedly interfering with a $4.8-billion transfer from the Federal Reserve Bank of New York to the Central Bank of Russia. However, none of these transparently self-serving allegations change the truth that Sergei Magnitsky blew the whistle on widespread corruption among powerful people, and paid for it with his life. Indeed, given the ongoing legal proceedings and smear campaign, even that price now appears to be insufficient.

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22
March 2013

Why Russia’s Attempt to Convict a Dead Man Matters

Huffington Post canada

Today — as though more evidence were required to demonstrate the upside-down state of human rights and the rule of law in Russia — the country’s prosecutors resume their efforts to convict a dead whistleblower of the very corruption he exposed. The posthumous trial of Sergei Magnitsky has properly been called “grim comedy” by a group of French legislators, and it is only the most recent — and patently absurd — element of the Russian government’s strategy to cover up fraud, theft, and human rights violations committed by its own high-ranking officials.

Magnitsky uncovered the scheme — which involved officials from six senior Russian ministries and deprived Russian taxpayers of over $230 million — while working in Moscow as a tax attorney for Hermitage Capital Management, an international investment fund based in London. In 2008, he testified against the officials responsible, and was subsequently arrested and detained at their behest without bail or trial. He refused to recant even as his health deteriorated, he was denied medical treatment, and he died in jail in November 2009 at the age of 37. An investigation into his death — and into allegations that he was badly beaten in prison — was abruptly dropped this week.

Russian authorities continue to insist that he was complicit in the fraud, and they have begun inventing new crimes of which to accuse him in an attempt to further undermine his credibility. Magnitsky is now under posthumous investigation for illegally purchasing shares of Russian energy giant Gazprom, despite the fact the transaction was approved years ago by the Russian Federal Securities Commission. As well, Russian law enforcement revealed last month that it may hold him responsible for the country’s 1998 default for supposedly interfering with a $4.8-billion transfer from the Federal Reserve Bank of New York to the Central Bank of Russia. However, none of these transparently self-serving allegations change the truth that Sergei Magnitsky blew the whistle on widespread corruption among powerful people, and paid for it with his life. Indeed, given the ongoing legal proceedings and smear campaign, even that price now appears to be insufficient.

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13
December 2012

Bar Russian Murder Suspects, says Cotler

The Epoch Times

Tax attorneys make unlikely heroes, but Sergei Magnitsky died a horrible death at the age of 37, refusing to recant his assertion of a massive fraud in Russia.

Magnitsky spent his final days at the same prison that once held Raoul Wallenberg, a Swedish hero credited with rescuing as many as 100,000 Jews from the Nazis only to be imprisoned by the Soviets on suspicion of espionage.

Like Wallenberg, Magnitsky is being remembered as a man of principle who stood by his sense of right and wrong at great personal cost.

Several years ago, Bill Browder, CEO of Hermitage Capital Management, and his associates discovered that Russian companies they had invested in had bilked the Russian government for $230 million in taxes paid by Hermitage.

Exposing the fraud got Browder barred from Russia, but his lawyer, Magnitsky, paid a higher price. He was jailed, mistreated, and killed in November 2009. He was denied medical treatment for a severe pancreatic condition he developed while held in the infamous Butyrka prison.

Like Wallenberg, Magnitsky is being remembered as a man of principle who stood by his sense of right and wrong at great personal risk.

Browder said the fact that the Russian government would attack people for exposing tax fraud shows that corruption had reached the highest levels of the government.

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12
December 2012

Why This Russian Criminal Case Matters to Canada

Huffington Post

On Tuesday, the Canadian Parliament will hear testimony concerning the torture and tragic death in detention of Russian lawyer Sergei Magnitsky, who uncovered the largest corporate tax fraud in Russian history, identified the senior Russian perpetrators, and paid for it with his life. His story is one of great moral courage and heroism, and his saga shines a spotlight on the pervasive culture of repression, corruption and impunity implicating senior government officials in Russia today.

Working as a tax attorney for Hermitage Capital Management in Moscow, an international investment fund founded by CEO William Browder — who will be the main witness at Parliamentary hearings today — Magnitsky blew the whistle on widespread Russian government corruption, involving officials from six senior Russian ministries.

The officials he testified against then arranged for his arrest and detention — and for the subsequent cover-up of their criminality — beginning a nightmare in which he was thrown into a prison cell without bail or trial, and systematically tortured for one year in an attempt to force him to retract his testimony.

Despite the intense physical and psychological pain Sergei Magnitsky endured at the hands of his captors, he refused to perjure himself, even as his health deteriorated. Denied medical care for the last six months of his detention, he died in excruciating circumstances at the age of 37, having developed a severe pancreatic condition while being held in the Butyrka prison, a notorious Czarist-era jail that also that also held Alexander Solzhenitsyn and Raoul Wallenberg.

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29
June 2012

Justice for Sergei Magnitsky!

Jerusalem Post

Magnitsky was a tax lawyer who uncovered the largest tax fraud in Russian history and paid for it with his life.

This week, Russian President Vladimir Putin made an important state visit to Israel, where, understandably, the issues of Iran and Syria were at the fore. The case and cause of Sergei Magnitsky were not on the agenda.

Admittedly, Sergei Magnitsky is not a household name in Israel, let alone on the Israeli foreign policy radar screen. But his story raises significant questions about the culture of corruption and impunity in Russia, its flawed judiciary and the ruling regime’s abuse of the rule of law.

Magnitsky was a tax lawyer who uncovered the largest tax fraud in Russian history and paid for it with his life. He blew the whistle on widespread government corruption, involving senior officials from six Russian ministries.

The very officials against whom he testified then arrested and detained him, beginning a nightmare in which he was thrown into a prison cell without bail or trial, and systematically tortured for one year in an attempt to force him to retract his testimony.

Despite the physical and psychological pain Magnitsky endured from his captors, he refused to perjure himself, even as his health deteriorated.

Denied medical care for the last six months of his detention, he died in excruciating pain at the age of 37, having developed a severe pancreatic condition while being held in the Butyrka prison – a notorious Czaristera jail in Moscow that that also held Aleksandr Solzhenitsyn and Raoul Wallenberg.

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