Justice for Sergei Magnitsky: US$14 Million Connected to Proceeds of US$230 Million Fraud Uncovered by Magnitsky Have Been Traced to Canada

27 October 2016 – US$14 Million of suspected illicit proceeds connected to the US$230 million Russian fraud uncovered by Hermitage’s murdered Russian lawyer, Sergei Magnitsky, have been traced to Canada.

In a complaint filed with the Royal Canadian Mounted Police and eleven other law enforcement agencies this week, Hermitage’s lawyer, Lincoln Caylor of Bennett Jones LLP, outlined US$220,000 in proceeds which were transferred to Canada from two Cyprus accounts.  These two Cyprus accounts are connected to the leader of the Klyuev Organized Crime Group, Dmitry Klyuev, who is sanctioned under the US Magnitsky Act for his involvement in the Magnitsky case. These transactions can be traced back to the $230 million tax rebate fraud uncovered by Sergei Magnitsky in 2008.

An additional $1.5 million was wired to Canada through a number of different accounts which can also be traced back to the fraud uncovered by Sergei Magnitsky, and a further US$12.6 million in suspicious money transfers were wired from Canada back to the money laundering network used by the Russian fraudsters.

“Based on the present information, it is clear that Canada has a role to play in investigating the crime uncovered by Sergei Magnitsky,” said Bill Browder, leader of the global Magnitsky justice campaign.

The news comes amidst the debate in the Canadian parliament on the implementation of Magnitsky sanctions legislation in Canada, similar to that adopted by the US. The Parliamentary Assembly of the Organisation for Cooperation and Security in Europe, of which Canada is a member, also urged member states to adopt these sanctions in a 2012 Magnitsky resolution.

In 2008, Hermitage’s lawyer Sergei Magnitsky uncovered the US$230 million fraud and testified about the complicity of Russian officials in the fraud. He was falsely arrested by the Russian Interior Ministry, detained for 358 days without trial, tortured and killed in Russian police custody at the age of 37.

After Magnitsky’s death, Russian authorities posthumously accused him of the crime he had uncovered and exonerated all officials. Hermitage’s global justice campaign has identified numerous beneficiaries around the world who received funds laundered from the crime uncovered by Sergei Magnitsky.

Investigations into the laundering of proceeds of the US$230 million fraud have been opened in multiple countries, including the USA, France, and Switzerland.

 

The events of this case are described in the New-York Times best-seller, “Red Notice” by William Browder, and in a series of campaign videos which can be seen on the 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

twitter.com/Billbrowder

Global Centre for the Responsibility to Protect: Crane 1 of 1 Atrocity Alert: Syria, Iraq, Burma/Myanmar and Accountability Watch

Atrocity Alert, No. 28

Atrocity Alert is a weekly publication by the Global Centre for the Responsibility to Protect highlighting and updating situations where populations are at risk of, or are enduring, mass atrocity crimes.

Syria

On 26 October airstrikes in Idlib governorate hit a complex of three schools in the town of Hass. At least 26 deaths have been reported so far, including 20 children. As relentless attacks on civilians and civilian infrastructure in Idlib, Aleppo and elsewhere in Syria continue, the international community is still struggling to halt the five-year civil war and hold atrocity perpetrators accountable. Following a fifth Russian veto on a Syria resolution at the UN Security Council on 8 October, the UN General Assembly held a special briefing requested by Canada – on behalf of 69 member states – on 20 October to determine whether to call for an Emergency Special Session. The Human Rights Council also held a special session on Syria on 21 October and adopted a resolution calling for the Commission of Inquiry on Syria to conduct an investigation into possible war crimes in Aleppo and identify those responsible for alleged violations of international law.

Iraq

Since the Iraqi government announced the launch of its offensive to liberate Mosul from the so-called Islamic State of Iraq and the Levant (ISIL) on 17 October, over 50 villages have been retaken and at least 10,725 civilians have been displaced by fighting. ISIL has conducted retaliatory attacks against Iraqi and Kurdish forces across the country, including in Kirkuk, Rutba and Sinjar. On 25 October the Office of the UN High Commissioner for Human Rights (OHCHR) said they had received preliminary reports of mass atrocities perpetrated by ISIL in areas surrounding Mosul, including the discovery of at least one mass grave, and expressed the “fear that these will not be the last such reports we receive of such barbaric acts by ISIL.” There have also been reports of ISIL fighters using civilians as human shields as Iraqi forces advance. It is essential that all parties participating in the battle for Mosul take effective measures to ensure the protection of all civilians in accordance with international humanitarian law.

Burma/Myanmar

On 9 October a series of attacks on border posts were carried out by a pro-Rohingya armed group in Burma/Myanmar’s Arakhan/Rakhine state. Reports of mass arrests and extrajudicial killings of Rohingya, a Muslim ethnic minority group who face systematic persecution by the government of Burma/Myanmar, have continued to surface since an army operation began on 10 October in response to the attacks. Since 23 October army officers have also forcibly removed an estimated 2,000 villagers from their homes. On 24 October the UN Special Rapporteur on the human rights situation in Myanmar, Yanghee Lee – together with four other UN Special Rapporteurs – issued a joint statement condemning human rights violations in Burma/Myanmar. The Special Rapporteurs called upon the government to undertake thorough investigations of all alleged abuses during Army operations and prevent incitement against the Rohingya.

Reuters

Accountability Watch

During October several African states have formally challenged the capacity of the International Criminal Court (ICC) to conduct impartial investigations and trials and announced their intention to withdraw from the Court. On 26 October Gambia announced that it would join South Africa and Burundi in abandoning the ICC, noting that the decision came as a result of the Court seeming more like “an International Caucasian Court for the persecution and humiliation of people of colour, especially Africans.” Gambia’s human rights record has been widely criticized internationally and President Yahya Jammeh, who has been in power since a military coup in 1994, has been accused of threatening to exterminate the Mandinka ethnic group and of inciting violence against gays and lesbians. An investigation of potential mass atrocity crimes in Burundi is currently underway and South Africa was previously criticized for not arresting President Bashir of Sudan, under indictment for genocide and crimes against humanity, while he was visiting the country during June 2015 for an African Union Summit. On 25 October Botswana issued a press release criticizing the South African decision and saying that the government was turning its back on victims of atrocities and undermining the battle against impunity.

It is essential that all States Parties to the Rome Statute encourage Burundi, Gambia and South Africa to reconsider their positions. In contrast to the message sent by these actions, during September Gabon self-referred itself to the ICC following violence during the country’s August 2016 presidential elections.  Of the 9 African cases currently being investigated by the ICC, the majority have been self-referred.

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Nicaragua Canal Protested as a Threat to Human Rights

By Portia K. Skenandore-Wheelock
Impunity Watch Reporter, North America

NICARAGUA — A $50 billion, 172-mile canal is expected to be built by a Chinese firm across Nicaragua with the purpose of connecting the Caribbean Sea with the Pacific Ocean. The Panama Canal already accomplishes this but Nicaraguan officials say the canal is crucial to increasing global trade and the new canal can accommodate larger tankers, which the Panama Canal cannot, even with its current expansion. The proposed canal would be three times as long as the Panama Canal and twice as deep. The Nicaraguan government estimates that the revenues created by the project will be almost five times the country’s GDP and will pull more than 400,000 people out of poverty by 2018. The new canal would be an alternative to the Panama Canal, which is 102 years old and handles five percent of global maritime trade. The deal between Nicaragua and Wang Jing of HKND Group would give the firm consortium rights to operate the canal for 116 years. The company broke ground in 2014 but has made little progress since. There are suspicions that the firm may not have enough money to complete the project. There are also concerns that there may not be enough transport demand to support a second canal, especially one with numerous geographical barriers.

Nicaraguan farmers, environmentalists, and human rights groups are protesting construction of the canal. (Photo courtesy of the BBC)
Nicaraguan farmers, environmentalists, and human rights groups are protesting construction of the canal. (Photo courtesy of the BBC)

Nicaraguan farmers, environmentalists, and human rights groups are protesting construction of the canal. A coalition of farmers gathered 28,000 signatures in opposition to Law 840, which grants concession for the canal project. Both indigenous and peasant farmers are concerned the canal will ruin their crops, require evictions, and destroy the graveyards where their ancestors are buried. Rural residents like 39-year-old Francisca Ramirez are coming together to defend their rights, “I will not allow this area to be destroyed by a project which will only benefit a few, but will harm a vast number of people.”

The International Federation for Human Rights (FIDH) says the canal is a threat to people, forests, and to Cocibolca Lake, Central America’s main fresh water reserve. So far, up to 120,000 peasants have no place to relocate to and they were given insufficient compensation for being forced off their land. President of FIDH Dimitris Christopoulos said, “Respecting nature and the rights of rural communities is not a luxury. It’s a duty. These projects will have a dramatic impact on the environment and on human rights. It is unimaginable to sell off territory as such. The government must back out.” The report cites environmental problems with hydrocarbon pollution, salinity, and turbidity. The report also says the canal deal breaches Nicaragua’s constitution and is denying citizens their rights to property, adequate housing, food, and water.

For further information, please see:

Amnesty International – “We Have Hope, we Have Human Rights, we will win This Fight” – 16 October 2016

BBC – Nicaragua Canal Scheme ‘Must be Dropped’ – 14 October 2016

Humanosphere – Nicaragua Canal: Rights Groups Protest Project That may Have Already Failed – 17 October 2016

Sky News – Nicaragua Canal Poses ‘Unimaginable’ Threat to Human Rights – 14 October 2016

 

Iranian-American Father-Son Sentenced to 10 Years in Prison by Iranian Court

by Yesim Usluca
Impunity Watch Reporter, Middle East

TEHRAN, Iran — An Iranian court sentenced an Iranian-American and his father to ten years in prison and also fined them $4.8 million.

Father-son were sentenced to 10 years in prison and fined $4.8 million (Photo courtesy of Daily Mail)

Mr. Siamak Namazi, who is a businessman in his mid-40s, was arrested in October 2015 by Iran’s Islamic Revolutionary Guard Corps (“IRGC”) while visiting family in Tehran. In February 2016, the IRGC arrested his 80-year-old dual citizen father, Baquer Namazi, who is a former Iranian provincial governor and former UNICEF official.

Siamak and Baquer were each given a single court session lasting a few hours in duration, before the sentences were given. The court proceedings were kept in secrecy and details of the allegations against them have not been publicly released. They were not permitted to hire their own defense attorney due to an Iranian law which allows only government-approved lawyers to represent defendants in cases related to national security.

In a statement, Siamak’s brother, Mr. Babak Namazi, stated that the sentences are unjust. He indicated that his father has been “handed practically a death sentence.” Baquer Namazi’s wife indicated that he suffers from a serious heart condition, as well as other medical issues, which require special mediation.

Tehran prosecutor, Mr. Abbas Jafari Dolatabadi, stated that the men were sentenced to prison for spying for the U.S. and “cooperating with the U.S. government.” Mr. Javad Karimi Qudossi, a member of the security and foreign policy committee in Iran’s parliament stated that Siamak was actively “recruiting spies for America and inserting cultural, military and political spies inside the country.” Iranian officials have not clarified who is responsible for paying the $4.8 million fine. It did, however, indicate that the amount is what Siamak and Baquer had received from the U.S. “for their mission in Iran.”

These are the latest sentences against dual citizens directed by powerful Iranian judiciary and security forces following the U.S.-Iranian nuclear deal. Security officials have arrested dozens of artists, journalists and businessmen, including Iranians with dual U.S., European or Canadian citizenship, as part of a “crackdown” on “western infiltration.” The International Campaign for Human Rights in Iran (“Campaign”) stated that the country does not recognize dual citizenship, and that it routinely “harasses citizens and dual nationals with trumped up national security charges.” Since the country does not recognize dual nationality, detainees with dual citizenship are unable to obtain consular assistance.

The sentences have attracted international attention. The U.S. State Department’s deputy spokesman, Mr. Mark Toner, indicated that the father and son had been “unjustly detained” in Iran. He stated he was “deeply concerned” by the reports and called for their immediate release. On Tuesday, UNICEF called for the release of Baquer on “humanitarian grounds.”

For more information, please see:

Los Angeles Times—Iranian American father and son sentenced to 10 years in prison in Iran, report says—18 October 2016

CNN—American father and son sentenced to 10 years in Iranian prison—19 October 2016

Reuters—Iran sentences two U.S. citizens to 10 years in prison—18 October 2016

NBC News—Iran Sentences Iranian-American, His Father to 10 Years Each in Prison—18 October 2016

 

Brutal Death Reignites Movement Against Femicide

By Cintia Garcia

Impunity Watch Reporter, South America

Warning: this article contains graphic details

BUENOS AIRES, ARGENTINA—Thousands poured out to the streets of Argentina, wearing black, demanding an end to violence against women. The protestors called it “Black Wednesday”—a movement sparked by the brutal death of 16-year old Lucia Perez.

The death of Lucia Perez has reignited the
The death of Lucia Perez has reignited the “Ni Una Menos” movement in Argentina. (Photo Courtesy of BBC)

According to various news outlets, Lucia Perez was abducted by three men outside her High School in Mar del Plata. The men held Lucia against her will, drugged her with large amounts of cocaine and marijuana, gang raped her, penetrated her with a wooden pole, causing her internal organs to bleed, and from the pain she went into cardiac arrest. The men washed her, changed her clothes, and took her to a medical facility stating she had overdosed on drugs. Upon inspection by the medical staff, it was apparent she had been sexually assaulted—Lucia died immediately upon arrival.

Maria Isabel Sanchez, lead prosecutor, stated: “I know it’s not very professional to say this, but I am a mother and a woman and I have seen a thousand things in my career, but never anything equal to this litany of abhorrent acts.”

As a response to the gruesome death of Lucia, Argentina mobilized to change the culture of machismo prevalent throughout the nation. Protestors held signs, “Ni Una Menos” which translates to “Not one less.” Protestors called upon Argentines to strike for an hour, “In your office, school, hospital, law court, newsroom, shop, factory, r wherever you are working, stop for an hour to demand, ‘no more machista violence.’” In solidarity, other countries joined in the movement by protesting, including Chile, Uruguay, Mexico, Bolivia, and Paraguay.

The Ni Una Menos organization announced that, “one woman is killed every 30 hours in Argentina for being a woman.” Supreme Court Judge, Elena Highton de Nolasco, told the media: “cases of femicide are growing in number, they are becoming more violent, more perverse- we even had the news today that there have been 19 femicides in the last 18 days.”

For more information, please see:

The Guardian—Argentina’s Women Joined Across South America in Marches Against Violence—19 October 2016.

The Washington Post: How A Schoolgirl’s Brutal Rape and Murder United the Women of Argentina—19 October 2016.

BBC—Argentine Women Strike After Fatal Rape of Teenage—20 October 2016.

CNN—Women Protest Rape, Killing of Teenage Girl in Argentina—20 October 2016.