Justice for Sergei Magnitsky: US Criminal Grand Jury Convened to Examine Involvement of Son of Senior Russian Government Official in $230 Million Fraud exposed by Sergei Magnitsky

27 May 2016 – A US crim­i­nal grand jury has been con­vened to exam­ine the involve­ment of Denis Kat­syv, son of Russ­ian gov­ern­ment offi­cial Petr Kat­syv, in the US$230 mil­lion fraud uncov­ered by Sergei Mag­nit­sky.  In 2008, Pre­ve­zon, a Cyprus-based com­pany owned by Denis Kat­syv, received funds traced by the US Depart­ment of Jus­tice and the Swiss Gen­eral Prosecutor’s office to the US$230 mil­lion fraud uncov­ered by Sergei Magnitsky.

 

Since Sep­tem­ber 2013, Denis Katsyv’s com­pa­nies have been sub­ject to a U.S. civil for­fei­ture case brought by the US Depart­ment of Jus­tice for money laun­der­ing. Under that case the US gov­ern­ment has frozen $14 mil­lion of assets belong­ing to Katsyv’s companies.

 

“The defen­dants [com­pa­nies owned by Denis Katsvy] were involved in the laun­der­ing of the pro­ceeds of the Russ­ian fraud, which itself amounts to an elab­o­rate series of crim­i­nal offences,” said US Jus­tice Depart­ment in its court fil­ing in New York.

 

“It is …entirely proper for the grand jury to inves­ti­gate whether the defen­dants [Katsyv’s com­pa­nies], who received pro­ceeds from the fraud, were involved in it,” said the US Depart­ment of Justice.

 

A Crim­i­nal Grand jury is a form of crim­i­nal inves­ti­ga­tion in the United States used to deter­mine whether crim­i­nal charges should be brought against poten­tial defendants.

 

Pre­vi­ously, Katsyv’s com­pa­nies tried to chal­lenge the US and Swiss asset freez­ing orders, but courts in the US and Switzer­land denied those motions and con­firmed that the freez­ing was justified.

 

The wire trans­fers to Pre­ve­zon from the $230 mil­lion fraud uncov­ered by Sergei Mag­nit­sky showed highly unusual pay­ments. Pre­ve­zon dis­guised incom­ing pay­ments for “san­i­tary equip­ment” and “auto parts,” which were sup­posed to be sup­plied but never deliv­ered because Pre­ve­zon was in fact a real estate company.

 

Accord­ing to the US Depart­ment of Jus­tice, the fal­si­fied con­tracts used to jus­tify Prevezon’s incom­ing wire trans­fers claimed that Pre­ve­zon was sup­posed to deliver 500 acrylic bath sets under the brand name “Doc­tor Jet,” man­u­fac­tured in Sicilia, Italy, with dimen­sions of 190 x 120/95 x 65, to two shell com­pa­nies in Moldova which did not do any legit­i­mate busi­ness and never in fact pur­chased the bath sets.

 

Pre­ve­zon explained these sus­pi­cious wire trans­fers to the US Court stat­ing that an agree­ment existed between its Russ­ian direc­tor, a stu­dent named Tim­o­fei Krit, and “investor Petrov,” and denied knowl­edge of false wire descriptions.

 

How­ever, dur­ing its inves­ti­ga­tion, the US Jus­tice Depart­ment iden­ti­fied fur­ther false and ques­tion­able wire trans­fers to Pre­ve­zon from com­pa­nies in Belize, BVI, etc. for an addi­tional amount of US$2 mil­lion. These wire trans­fers were sim­i­larly dis­guised as pay­ments for com­put­ers, video, home equip­ment, etc. that again were never delivered.

 

Pre­vi­ously, Denis Katsyv’s firm Mar­tash paid US$8 mil­lion under the 2005 money laun­der­ing case by the State of Israel.

 

Denis Katsyv’s father, Petr Kat­syv, has been Vice Pres­i­dent of OAO Russ­ian Rail­ways, a state trans­porta­tion monop­oly, since 2014. Before that, he was Vice Pre­mier of the Gov­ern­ment and Trans­porta­tion Min­is­ter in the Moscow Region. Con­tracts with Moscow Region’s gov­ern­ment struc­tures sup­ported the busi­ness of his son, Denis Kat­syv.

 

Sim­i­larly, Denis Katsyv’s Russ­ian lawyer Natalia Vesel­nit­skaya devel­oped her busi­ness in part on con­tracts with Moscow gov­ern­ment agen­cies, where her hus­band is Deputy Min­is­ter of Trans­porta­tion (and was deputy to Kat­syv senior dur­ing his time as Min­is­ter of Trans­porta­tion), and pre­vi­ously, between 1984 – 2000 was offi­cial within the Moscow Region’s Prosecutor’s Office.

 

Accord­ing to court fil­ings, Petr Kat­syv was pre­vi­ously in con­tact with the FBI to pro­vide infor­ma­tion on Russ­ian orga­nized crime but with­drew his pro­posal, when he was informed by the US author­i­ties that his coop­er­a­tion would not help set­tle the money laun­der­ing and civil for­fei­ture case by the US Jus­tice Depart­ment pend­ing in the South­ern Dis­trict Court of New York.

 

Sergei Mag­nit­sky, who uncov­ered the US$230 mil­lion fraud and tes­ti­fied about the com­plic­ity of Russ­ian offi­cials in it, was tor­tured and killed in Russ­ian police cus­tody at the age of 37. The unprece­dented events of this case are described in the New-York Timesbest-seller by William Brow­der, leader of global ‘Jus­tice for Sergei Mag­nit­sky’ cam­paign, called “Red Notice. How I Became Putin’s No 1 Enemy,” and in a series of jus­tice cam­paign videos on Youtube chan­nel “Russ­ian Untouch­ables.”

 

For more infor­ma­tion, please contact:

 

Jus­tice for Sergei Magnitsky

+44 207 440 1777

e-mail: info@lawandorderinrussia.org

www.lawandorderinrussia.org

billbrowder.com

https://twitter.com/Billbrowder

Historic Sentencing for Operation Condor Military Officials

By Cintia Garcia

Impunity Watch Reporter, South America

BUENOS AIRES, Argentina— In a historic human rights trial, Argentina’s last dictator and 14 military officials were sentenced to prison for their role in Operation Condor. Former general and Argentine dictator from 1982-83, Reynaldo Bignone, 88-years-old, was sentenced to 20 years of prison. Bignone was found guilty for illicit association, kidnapping and the disappearance of more than 100 people. He is already serving life sentences for various human rights violations.

Former Military Officials Stand Trial (Photo courtesy of the BBC)

In addition, Uruguayan army colonel, Manuel Cordero Piacentini was sentenced for his crimes against humanity. Argentine former general, Santiago Riveros was sentenced to 25 years in prison. Miguel Angel Furci, Argentine intelligence officer was sentenced to 25 years for illegally arresting and torturing dozens. The sentences among the defendants ranged from 8 to 25 years in prison. Since the trial began, five defendants have died, including Jorge Rafael Videla, former head of Argentina’s first junta.

The case against the former military officials began in 2013 in the domestic court of Argentina. This case marks the first time a domestic court has tried ex-military officials. The claim was brought forth by the victim’s families. The verdicts are a milestone for those affected by Operation Condor because it is the first time the conspiracy has been proven to exist. The evidence presented included testimonies by the families, victims, and documents such as a declassified FBI cable from 1976. The prosecutors were able to piece together the coordinated operation through an overwhelming amount of documents from the United States and South American archives.

Operation Condor was a US backed plan created by South American dictators to eliminate opponents and leftist. The operation lasted from mid 1970s to the early 80s. The countries that created and enforced the operation were Argentina, Chile, Paraguay, Bolivia, Uruguay, and Brazil. The South American countries would meet and use their police powers to track the opponents and leftist. The dissidents were captured, kidnapped, tortured and disappeared. Many of their remains continue to be unaccounted for. In addition, the children of the women who were kidnapped were taken away from their mothers and given to other families, such as military officials. According to UNESCO’s International Center for the Promotion of Human Rights, there were 376 Operation Condor victims.

In regards to the role of the United States during Operation Condor, President Obama has promised to release all documents and records. In a statement, President Obama announced, “I believe we have a responsibility to confront the past with honesty and transparency.”

For more information, please see:

ABC NEWS – Argentine Court Sentences Ex- Dictator for Operation Condor – 27 May 2016

BBC – Operation Condor: Landmark Human Rights Trial Reached Finale – 27 May 2016

The Guardian – Argentina’s Last Military Dictator Jailed Over Role in Operation Condor – 27 May 201

Washington Post – A Look at the Operation Condor Conspiracy in South America – 27 May 2016

British Cluster Bombs Reportedly Used in Yemen

by Zachary Lucas

Impunity Watch Reporter, Middle East

SANA’A, Yemen — Amnesty International has reported that British made cluster bombs were used by Saudi coalition forces in the current conflict in Yemen. The British government has denied that they are supplying Saudi Arabia with cluster munition and are seeking reassurances with the Saudi government that cluster munitions are not being used.

Cluster Munitions Found in Northern Yemen (Photo Courtesy of Amnesty International)

Field research by Amnesty in Sa’da, Hajjah, and Sana’a governorates led to the discovery of a partially exploded British manufactured BL-755 cluster bomb. According to Amnesty, the bomb had malfunctioned and scattered numerous unexploded “bomblets.” The cluster bomb was found near a farm in al-Khadhra village in the Hajjah governorate, close to the Saudi Arabian and Yemeni border.

British Foreign Secretary Philip Hammond stated that there was no evidence that Saudi Arabia had used cluster munitions in the current conflict. Hammond, while responding to British Parliament, said that is illegal to supply cluster munitions under British law. The munition that was found was decades old and that Britain no longer supplied or manufactured the BL-755 cluster bombs. Hammond said that the cluster munition found was probably used in one of the the past conflicts in the region.

The Foreign Secretary stated that there will be an investigation into the report by Amnesty. The Saudi Arabian government in response said that cluster munitions are not being used nor have they been used in the conflict. The British government has said it will seek “fresh assurances” from Saudi Arabia that cluster munitions are not being used.

Saudi Arabia and its allies began a military campaign in Yemen in March 2015. The goal was to prevent Iran-allied Houthi rebels and forces loyal to the former Yemeni president, Ali Abdullah Saleh, from seizing control of the country. The civil war in Yemen has also seen attacks from groups loyal to Al-Qaeda and the Islamic State.

The BL-755 cluster bomb was original manufactured in the 1970s by Bedfordshire company Hunting Engineering Ltd. The bomb contains 147 bomblets that are designed to scatter on impact and explode. They are intended to be dropped out of British Tornado fighter jets to pierce tank armor.

Cluster munitions were banned under the Convention on Cluster Munitions signed in 2008 and effective in 2010. Over 100 countries have signed the convention including the United Kingdom, but not Saudi Arabia. Oliver Sprague, Amnesty International UK’s Arms Control Director, called cluster munitions one of the “nastiest weapons” used in warfare. The concern with cluster munitions is that not all of the bomblets explode on impact. Amnesty documented instances in Yemen where unexploded cluster munitions blew up after being picked up by children.

For more information, please see:

Amnesty International — Saudi Arabia-led coalition has used UK-manufactured cluster bombs in Yemen — 23 May 2016

BBC — UK seeks Saudi cluster bomb assurances over Yemen — 24 May 2016

Guardian — MoD to investigate claims Saudis used UK cluster bombs in Yemen — 24 May 2016

Reuters — Britain investigating reports its cluster bombs used in Yemen — 24 May 2016

House Committee on Foreign Affairs – Ed Royce, Chairman: Subcommittee Hearing: The ISIS Genocide Declaration: What Next?

Subcommittee Hearing: The ISIS Genocide Declaration: What Next?

Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations | 2172 Rayburn House Office Building Washington, DC 20515 | May 26, 2016 12:00pm to 3:00pm

Witnesses

Mr. Carl A. Anderson
Supreme Knight
Knights of Columbus
[full text of statement]
[truth in testimony form]

Mr. Sarhang Hamasaeed
Senior Program Officer
Middle East and Africa Programs
U.S. Institute of Peace
[full text of statement]
[truth in testimony form]

Mr. Johnny Oram
Executive Director
Chaldean Assyrian Business Alliance
[full text of statement]
[truth in testimony form]

Mr. David M. Crane
Professor of Practice
Syracuse University College of Law
(Former Chief Prosecutor, United Nations Special Court for Sierra Leone)
[full text of statement]
[truth in testimony form]

Ms. Naomi Kikoler
Deputy Director
Simon-Skjodt Center for the Prevention of Genocide
United States Holocaust Memorial Museum
[full text of statement]
[truth in testimony form]

ICTJ: World Report May 2016 – Transitional Justice News and Analysis

ICTJ ICTJ World Report
May 2016

In Focus

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ICTJ Partners Victims, Civil Society and Officials on Transitional Justice in Great Lakes RegionICTJ Partners Victims, Civil Society and Officials on Transitional Justice in Great Lakes RegionCivil society leaders, members of victims’ groups and state officials throughout the Great Lakes region will convene in Kampala, Uganda next week at a conference hosted by ICTJ. Attendees will share their experiences working for redress in their communities and discuss what strategies have proven effective at the local level.

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World Report

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AFRICAIn Ethiopia, African officials gathered for a two-day conference aimed at discussing and reflecting upon truth commissions and peace processes. In Burundi, crisis talks were postponed in order to allow for further consultations with stakeholders. Reports have found that torture and illegal detention are on the rise in Burundi, and the ICC will begin investigating potential war crimes in the country. In Kenya, three opposition supporters were shot dead in protests demanding reforms to the country’s electoral authority. In Rwanda, the remains of hundreds of genocide victims were buried in Ruhango. The country’s leaders have called on the new UN prosecutor to urge countries hosting genocide suspects to allow them to face justice. In South Sudan, opposition leader Riek Machar was sworn in as vice president, signaling a major breakthrough toward peace for the nation. The UN has expressed concern over human rights abuses in Mozambique, a country that continues to face violent clashes between national security forces and the rebel group Renamo. In The Democratic Republic of Congo, former warlord Germaine Katanga is back on trial, accused of committing crimes against humanity. In Cote d’Ivoire, Lawrence Gbagbo’s trial resumed this month, with the former Ivorian President facing charges of war crimes and crimes against humanity. His wife, who is accused of playing a role in the post-election crisis of 2011, is set to go on trial at the end of the month.

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AMERICASIn Colombia, peace talks have continued, with one of FARC’s most feared commanders joining the process. The negotiating parties agreed to release FARC child soldiers, while the government vowed to grant victim status to those under 15 years of age and provide a pardon for those between 16 and 18. AGuatemala congressman has been found to have ties to a death squad responsible for murders, torture, and disappearances during the country’s civil war. In Peru, former dictator Alberto Fujimori’s final appeal was rejected, meaning Fujimori will serve his sentence of 25 years for ordering massacres in the Barrios Altos neighborhood of Lima. In Mexico, the inquiry into 43 missing students ended, despite the UN rights office urging the Mexican government to follow its recommendations for the case. A panel of international experts looking into the case said the Mexican government hampered its efforts. In Argentina, former head of the air force Brigadier Omar Graffigna went on trial for his alleged role in the forcible disappearances of over 30,000 people during the country’s military rule from 1976 to 1983.

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ASIAIn Nepal, the Truth and Reconciliation Commission began registering complaints from victims and their families. However, the government has failed to enact laws that would allow for the effective functioning of the TRC and the Commission of Investigation on Enforced Disappeared Persons, another transitional justice body. In Indonesia, a two-day symposium was held to discuss the anti-communist atrocities that occurred in the country decades ago. The atrocities will finally be investigated, with activists calling for full recognition from the government, as well as protection for the sites and witnesses of the 1965-66 killings. In Sri Lanka, torture remains ‘in frequent use,’ according to UN Special Rapporteur on torture and other cruel, degrading and inhumane treatment. Tamil diaspora groups in the U.S. have demanded the arrest of Gotabaya Rajapaska, former Lankan defense secretary, for the large scale killing of Tamils. In Bangladesh, a probe has begun against Osman Farooq over his alleged role in war crimes in the Liberation War, and two Razakar suspects of Kishoreganj have been indicted on war crimes charges.

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EUROPEA court in Kosovo cleared General Milovan Bojovic of war crimes charges due to lack of evidence. Azra Basic, a woman living in Kentucky, was recently extradited to Bosnia to face charges of murder and torture, war crimes which she allegedly committed over twenty years ago during Bosnia’s civil war.Spain has authorized exhumations from the Valley of the Fallen, a large mausoleum that contains the remains of those who died during the country’s civil war, so that family members may give their relatives proper funerals. Serbia has promised to intensify its war prosecutions, releasing a 415-page action plan to address unprosecuted war crimes and enact judicial reforms.

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MENAIn Tunisia, the “Transitional Justice is also for Women” network, in coordination with ICTJ, submittedthe first collective file to the Tunisian Truth and Dignity Commission. The file was compiled by 10 women associations and detailed discrimination committed against veiled women under “circular 108,” which prohibited their access to work and education. The Islamist Ennahda party declared in its 10th congress that it will separate its religious activities from political ones, saying in a statement that there is “no longer justification for political Islam” in the country post Arab spring. The Tunisian Torture Prevention Organization said that it received 250 complaints of torture in 2015 and is convinced that torture practices persist in Tunisian prisons and during interrogations. Peace talks in Syria stalled when opposition negotiators decided to withhold their participation in the process due to unwillingness on behalf of President Assad’s officials to discuss a transitional government in Damascus. In Egypt 152 people who took part in a street protest last month were sentenced to prison, in a sharp escalation of a campaign by President Abdel Fattah el-Sisi to suppress political dissent in the country.Yemen’s peace process faced challenges when delegates representing Houthi rebels refused to attend peace talks late last month. Libya’s new unity government has started moving into ministry buildings, but the volatile security situation in the area remains a concern.

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Publications

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Learning From Our Past: An Exploration of Truth, Justice, and Reconciliation in KenyaThis educational tool for educators and mentors is designed to help teach young people in Kenya about difficult periods in Kenyan history and foster discussion on issues of justice, democracy, leadership, and their role as Kenyan citizens.

From Principles to Practice: Challenges of Implementing Reparations for Massive Violations in ColombiaThis report examines Colombia’s Victims and Land Restitution Law (2011), which provides comprehensive reparations to conflict victims and restitution to victims of forced displacement who rely on land for their livelihoods – and assesses the challenges of implementing the law under current conditions, which include widespread poverty and ongoing violence.

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