Press Release
Hermitage Capital
2 July 2012 – The Russian Interior Ministry reported this morning that the UK authorities had refused their mutual legal assistance request in the case of posthumous prosecution of late whistle-blowing lawyer Sergei Magnitsky and in-absentia prosecution of his client William Browder who is campaigning for targeted visa and financial sanctions on the Russian government officials involved in the false arrest, torture and in-custody murder of Magnitsky.
In spite of the refusal from the UK to cooperate in this high-profile matter, the Russian Interior Ministry stated their intention to move the first-in-history posthumous case to trial, saying they see no “legal” obstacle to it.
The UK refusal to execute the Russia’s mutual legal assistance request was issued by the UK State Secretary on national security grounds.
The Russian Interior Ministry announced the UK refusal of mutual legal assistance to Russia on the official website this morning, saying:
“UK competent bodies replied to us: The UK can not provide the requested legal assistance, because the State Secretary considers that the execution of the request is likely to prejudice the sovereignty, security, public order or other essential interests of the UK.”
The refusal by the UK of Russia’s legal assistance request was issued under the 1959 European Convention on Mutual Legal Assistance in Criminal Matters (http://conventions.coe.int/Treaty/en/Treaties/html/030.htm), to which both the UK and Russia are parties, which provides for the refusal of requests if they are likely to prejudice security, public order and essential national interests.
The Russian Interior Ministry further said in their official announcement:
“Nevertheless, in accordance with Russian judicial norms, this fact [the refusal of mutual legal assistance] does not pose an obstacle for sending the case to court, because Russian investigators have followed juridical formalities in full.”
The posthumous prosecution of Sergei Magnitsky was launched on orders from Viktor Grin, Russia’s Deputy General Prosecutor, on 30 July 2011, three days after the U.S. State Department announced visa bans on Russian officials associated with Magnitsky’s death, which include Viktor Grin himself. Prosecutor Grin is No 33 on the U.S. Helsinki Commission list of those involved in persecution of Magnitsky and corruption he had uncovered.
In spite of 30 complaints from the Magnitsky family and calls from Amnesty International and members of the Council of Europe and the European Union, Russian courts and government bodies have the posthumous prosecution of Sergei Magnitsky.
Conclusions from the Russian Human Rights Council of gross violations of human rights and breaches of the European Human Rights Convention in the Magnitsky case have been rejected by the Russian General Prosecutor’s Office. Russian Interior Ministry Officers involved in the false arrest, torture and death of Mr Magnitsky have been promoted and decorated with state honours.
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Hermitage Capital
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