Stop the Untouchables. Justice for Sergei Magnitsky.

Promoting Human Rights in Russia Through the Sergei Magnitsky Act

The Heritage Foundation

By Ariel Cohen, Ph.D.
April 25, 2012

Protection of basic human rights, including the right to own property, is an important issue for those who hold American values close to heart. In Russia, human and property rights violations are undermining the state and preventing investment and business development.

The poor state of the rule of law and pervasive corruption—including the failing court and law enforcement systems—are at the heart of persistent rights violations. They are challenging everyday Russians as well as Western and domestic investors. Russian top leaders, including both Presidents Vladimir Putin and Dmitry Medvedev, have bitterly complained about the state of affairs but did little to improve things.

Congress should press for trade reforms that are in the best interests of the United States while supporting the cause of human rights for all. The Sergei Magnitsky Rule of Law Accountability Act (S. 1039), and its sister legislation introduced in the House of Representatives, is drafted in response to the death of Sergei Magnitsky in detention following his whistle-blowing on massive fraud allegedly committed by Russian officials. It provides a practical and balanced way forward and accommodates Russian membership in the World Trade Organization (WTO) while signaling long-term American commitment to the rule of law.

Human Rights and the Sergei Magnitsky Case

Sergei Magnitsky was a 37-year-old attorney who uncovered a giant corruption scheme that involved embezzlements of $230 million from the Russian Treasury by law enforcement and tax officials. After making accusations, he was arrested on fabricated tax evasion and tax fraud charges.

Magnitsky died in isolation at a Russian prison where he was denied medical care and beaten mercilessly by guards; an investigation by the Russian Presidential Council on Human Rights has confirmed as much. This has not resulted in the punishment of those involved. Those that were in power remain in power, and some have even been decorated or promoted. Earlier this month, Russian state prosecutors dropped charges against the chief doctor at the prison where Magnitsky died after the statute of limitations expired. The physician had been accused of negligence resulting in Magnitsky’s death.[1] Other officials implicated in the affair have been promoted instead of being punished.