Adding Insult to Murder

Moscow's gross lack of justice and accountability one year after the death of Sergei Magnitsky is a call to action -- and Washington should honor its human rights rhetoric with firm sanctions.

BY DAVID J. KRAMER | NOVEMBER 15, 2010

One year ago tomorrow, Sergei Magnitsky was, for all intents and purposes, murdered after being held in a Russian jail for 358 days. Last week, Russian authorities figuratively spit on his grave as five officials connected to Magnitsky's case were awarded commendations by the Interior Ministry. The evident absence of any accountability or justice in Russia has lead two members of the U.S. Congress to propose a visa ban and asset freeze against 60 Russian officials involved in the Magnitsky matter. Their efforts should be embraced by President Barack Obama's administration, and European governments should adopt similar measures.

Magnitsky was a 37-year-old lawyer working for the Moscow firm Firestone Duncan where he represented the investment fund Hermitage Capital Management. Hermitage had been Russia's largest foreign investor during the early Putin years -- until, that is, its head, William Browder, ran afoul of certain Russian officials and had his visa revoked in 2005 on "national security" grounds. A British citizen, Browder had been pushing for greater rights for minority shareholders and better corporate governance among Russian companies. It seemed he pushed too far, especially against such prized state assets as Gazprom. In 2007, Russian authorities opened an investigation against him and Hermitage for tax evasion to the tune of $16.2 million.

Magnitsky actively fought the tax-evasion charges against Hermitage in Moscow and uncovered evidence suggesting that Russian Interior Ministry (MVD) officials engaged in the massive theft of $230 million by using information obtained from the tax-evasion case against Hermitage to fraudulently obtain money in tax refunds from the state. He gave formal testimony against the MVD's criminal activities, and he named names, including high-ranking officials. Within a month of his testimony, Magnitsky was arrested on charges of personal tax evasion by the very same officials whom he had accused. Magnitsky denied the charges against him, alleging that his imprisonment was designed to pressure him to retract his testimony and instead implicate Browder and Hermitage.

Despite the nonviolent nature of his alleged crimes, Magnitsky was kept in appalling conditions for nearly a year without bail or permission to see his wife and two children. He soon developed health problems and was diagnosed at Matrosskaya Tishina jail hospital with numerous ailments, including pancreatic and gallbladder disease. He was scheduled to have surgery, but instead was transferred in July 2009 to Moscow's Butyrskaya Prison, which does not have a hospital. Despite numerous requests from Magnitsky for basic medical treatment, prison officials denied him all care. His condition was allowed to deteriorate to the point that, on Nov. 16, 2009, Magnitsky died.

This kind of denial of medical care is a common practice in Russia, according to human rights activists. Yukos lawyer Vasily Aleksanyan, for example, who contracted tuberculosis and HIV/AIDS and went blind while in custody, was released after a harrowing experience. Detention and denial of treatment are used to compel prisoners to cooperate and implicate others. "Preliminary imprisonment of a person who is innocent before being tried generally looks like a sophisticated medieval revenge," wrote the respected business daily Vedomosti newspaper (a joint venture between the Wall Street Journal and the Financial Times) two days after Magnitsky died. "But, as we see, it is practiced in Russia even in investigating economic crimes."

Three days after Magnitsky's death, Russian Justice Minister Aleksandr Konovalov vowed to carry out a "serious probe." In a meeting with Russian President Dmitry Medvedev several days later, Ella Pamfilova, then head of the presidential human rights council, described Magnitsky's situation as "a murder and a tragedy." The next day, Medvedev ordered a high-level probe into the matter, and the stand-alone Investigative Committee announced it had opened a criminal case over "negligence and prison officials' failure to provide medical aid." To this day, however, not a single charge has been brought against any officials involved in the case.

On the contrary, a number of those in the MVD connected to the Magnitsky matter were promoted this year, and then last week -- to add insult to injury -- five were given awards for distinguished service. Lt. Col. Oleg Silchenko, a lead investigator in the Magnitsky case, and Maj. Pavel Karpov, implicated for fraud in Magnitsky's testimony, were each named "best investigator"; Col. Natalia Vinogradova, Col. Irina Dudukina, and Maj. Artem Churikanov were also honored. It seems to be more than just coincidence that MVD officials have timed these awards for the one-year anniversary of Magnitsky's death, reflecting their utter contempt for efforts to bring justice and accountability to this case.

DMITRY ASTAKHOV/AFP/Getty Images

 

David J. Kramer is executive director of Freedom House in Washington, D.C.

ADJUST_THE_SAILS

8:10 AM ET

November 16, 2010

Calling the Kettle Black?

The US keeps 715 people per 100,000 in prison, Russia, number two in the world after the US, is still well behind at 584 people per 100,000.

The prisoner treatment cited in this article happens every day in the US, including example of Vasily Aleksanyan, who presumably contracted HIV from prison rape, which is an epidemic in the US.

The US, in fact, has for profit prisons that lobby the government for legislation that will increase incarceration rates:

http://blog.amnestyusa.org/us/the-golden-goose-immigration-detention/

The US encourages police to rob people on the street. I'm sure the police in other corrupt poor countries commit this kind of crime, but it is actually encouraged by the US legal system:

http://www.theagitator.com/2010/11/08/more-on-indianas-forfeiture-racket/

Until the US cleans up its corrupt, abusive criminal justice system it has no right to criticize Russia just because Russia has the moral consistency to provide equal (mis)treatment to the poor and to corporate defense attorneys.

 

HURRICANEWARNING

10:05 AM ET

November 16, 2010

your argument is unbelievably flawed, and frankly, just stupid.

1st: Your tactic of accusing us of having flaws as well, is a COMMON tactic used by people who know they are guilty/ wrong etc.
2nd:You are made uncomfortable by the above information, and grasped at information in the article which really wasnt supposed to be the point. The prison system is not the point. The fact that a completely innocent man was silenced by the government IS the point. And silenced brutally. It is also the point that this type of thing is VERY common in Putins Russia. THAT is what you should have taken from the article, not that the US has a flawed prison system too (which, FYI, your info about "epidemics" and what not is rubbish, there is no hard evidence to support such claims. However, there is MUCH hard evidence to support the fact that Russias prisons are some of the worlds most deplorable.)

Anyway, just thought you needed to re-read the article and realize that Russia is really a VEEERRRRY corrupt country. on a level that far exceeds anything in the US. That is fact. Dont bother arguing.

 

DRAGAN NENADOVIC

3:21 PM ET

November 16, 2010

Hey you Americans ! What

Hey you Americans !

What makes me laugh while reading this article, and your responses in the following :

Do you really think anyone in the world listens what bankrupt country like yours think about anything ????
Who cares what you think, or do not think any more.

You are not an important factor in the world any more.

You are bankrupt, and are fighting for your very survival economically, so you better pay more attention about that, and how to feed your family in the future.

Leave us from the rest of the world alone, if nothing but because we do not care what you think about anything any more.

If you were Russia, Chine or India well, it would matter, but USA, xaxax
come on please. Have not you understood it already that you are bankrupt country without any weight any more ????

 

CANKATX2

8:23 PM ET

November 18, 2010

Hey you Americans

Offcourse there are issues tatil with human rights in russia, chechenya, burma and several other countries. What washington has so far done is to orjin krem create sanctions or push rhetorics rather than ever understanding the dynamics of regional population, supporting and zayiflama strengthening those elements.