Lawyers Denied Access to Case File after Discovery of Falsified Documents in Posthumous Prosecution of Sergei Magnitsky

Lawyers Denied Access to Case File after Discovery of Falsified Documents in Posthumous Prosecution of Sergei Magnitsky

By Alexandra Sandacz
Impunity Watch Reporter, Europe

MOSCOW, Russia – The Russian Interior Ministry recently announced that the investigation into death of Sergei Magnitsky is finished and the case file for the impending trial is prepared. The trial, regarding Magnitsky’s death while in Russian police custody, will be the first posthumous prosecution case in Russian history.

Sergei Magnitsky died almost exactly three years ago. (Photo Courtesy of The New York Times)

Sergei Magnitsky’s death, which happened almost exactly three years ago, sparked widespread criticism over Russian human rights. Last summer, police officials reopened Magnitsky’s case. Mr. Magnitsky was jailed in 2008 after being accused of helping Hermitage Capital evade $17.4 million in taxes. However, the allegations arose after Magnitsky testified against Interior Ministry officials for their role in an embezzlement plan.

During the Russian Interior Ministry’s investigation, falsified evidence was discovered. On November 11, 2009, Sergei Magnitsky was the first to uncover the falsified files. He wrote a complaint describing the violations and described his intent to expose the responsible individuals. However, on November 16, 2009, he was found dead on the floor of an isolation cell.

In the posthumous prosecution case, Hermitage lawyers uncovered the false documents in the case file. In reaction, counsel for Hermitage Capital filed 40 complaints reciting the violations such as concealment of evidence and conflict of interest. Nevertheless, the Ostankinsky District Court and the Federal Interior Ministry excluded all the complaints made. Furthermore, Interior Ministry investigator Shupolovsky denied Hermitage’s lawyer further access to materials in the case file.

On November 1, 2012, Hermitage lawyers filed complaints of obstruction of justice in responded to the denial of access into the case file. However, the response is not yet known.

A Hermitage lawyer stated in their complaint, “The case is an unlaw­ful crim­i­nal pro­ceed­ing which is car­ried out in spite of the evi­dence of inno­cence and despite the absence of a crime allegedly com­mit­ted more than ten years ago…Under the guise of a crim­i­nal pro­ceed­ing, the author­i­ties are car­ry­ing out a polit­i­cally moti­vated pun­ish­ment of Her­mitage, that lead to the death of Sergei Mag­nit­sky.”

The complaint continued, “Coun­sel was given mate­ri­als of the case file from which they have estab­lished evi­dence of the fal­si­fi­ca­tion and abuse of office,… the sig­nif­i­cant amount of mate­ri­als have been con­cealed from the coun­sel… Fol­low­ing this, Inte­rior Min­istry Inves­ti­ga­tor Shupolovsky act­ing in abuse of office and con­trary to the inter­ests of the pub­lic ser­vice, willfully pur­su­ing unlaw­ful pur­poses, has denied the coun­sel the access to the case file.”

Magnitsky’s family refused to take part in the posthumous proceeding. They believe it is amoral and unconstitutional. In attempt to prevent the proceedings, Magnitsky’s family filed three appeals with the Russian courts and several appeals with the Russian Prosecutor’s Office and the Interior Ministry. Each appeal was denied.

For further information, please see:

EU Reporter — The Posthumous Prosecution Of Sergei Magnitsky – 3 November 2012

Law and Order In Russia — Posthumous Prosecution of Sergei Magnitsky is Moving Forward In Spite of Massive Falsifications; Lawyers are Forbidden to See the Case File – 2 November 2012

The Huffington Post — Sergei Magnitsky Dead: Russia Whistleblower’s Death Prompts Mother To Call For Investigation – 2 October 2012

The New York Times — Russia Plans to Retry Dead Lawyer in Tax Case – 7 February 2012

Colombian Military Might get the Vote

By Margaret Janelle R. Hutchinson
Impunity Watch Reporter, South America

 BOGOTÁ, Colombia – Serving members of Colombia’s police and military forces may gain the right to vote in elections if the constitutional amendment proposed by Senate Vice President Edgar Espindola Niño is adopted.

As the Senate debates granting the vote to members of the Colombian armed forces, officers fret over their future in a post-conflict state. (Photo Courtesy BBC)

Citizens serving in the public armed forces have been denied the vote for the past 50 years, a legacy of President Alberto Lleras Camargo (1945-1946 / 1958-1962) who famously cast Colombia´s armed forces as “guarantors of democracy.” Neutrality was expected of these guardians.

Espindola and others who support the proposal argue that Colombia has changed dramatically over the past five decades and that the members of the military and police should be able to cast their ballots like every other Colombian citizen.  Though there would remain certain restraints on their political activity.

The proposal states: “Los miembros de la Fuerza Pública podrán ejercer la función del sufragio mientras permanezcan en servicio activo, pero no podrán intervenir en actividades o debates de partidos o movimientos politicos.”

This roughly translates to: Members of the public armed forces may engage in the act of voting while on active duty, but may not take part in activities or discussions of political parties or political movements.

Those who oppose the initiative, say that Colombia´s democracy is not ready for this change; that the possible abuses of power are too great.  They fear that allowing the near 460,000 active forces the vote could distort the electoral process.

They claim that the hierarchical nature, size, and “ideological cohesion” of the military would render it a political force unto itself, greater than any other political party or movement.  Specifically, there is a fear that the chain of command would dictate to subordinates how to cast their votes.

The language of the proposal makes clear that, legally, officers would not be able to participate in campaigning, but some level of trust would need to be placed in service members’ capacity to act independently inside the voting booth.

Should the current peace process between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) culminate in a legitimate peace agreement, senior military officials are concerned about becoming targets of FARC political action in a post-conflict state.

The demobilized FARC forces would be reintegrated into Colombian society, and, as citizens, would trade the power of the gun for the power of the vote.

Both the FARC and the military have committed atrocities during the five-decades long conflict. The military fears that even if amnesties are granted, their amnesties may end up revoked once the former FARC rise to political power.

Retired Colonel Hugo Bahamon recently stated, “Look at what has happened in Argentina and Chile, where, 20 years on, the guerrillas who threatened the state are in power, amnesties have been overturned and now [former soldiers] of 70 and 80 years of age are being imprisoned.”

To Colonel Bahamon and the rest of the military and police forces, gaining the vote would provide an additional security guarantee to avoid the path of their South American counterparts.

For further information, please see:

Colombia Reports – Colombia’[s] Police and Military to get the vote? – 4 November 2012

NACLA – The Military’s Human Rights Record and the Peace Process in Colombia – 3 November 2012

BBC – Colombia’s military faces challenges over peace talks – 24 October 2012

El Espectador – Fuerzas Militares quedarían facultadas para votar – 24 October 2012

Refugees Prefer Conflict Zones in Syria to Zaatari Refugee Camp

By Emily Schneider
Impunity Watch Reporter, Middle East

AMMAN, Jordan – Feelings of unrest and dissatisfaction are spreading among the 25,000 Syrian refugees in Zaatari refugee camp, a makeshift tent village near the border in Jordan.

Refugees are now choosing to return to war-torn Syria instead of face the bleak conditions in the Zaatari refugee camp. (Photo courtesy of BBC)

“We are living in a prison,” Saeed Howshan, a Syrian who fled his hometown for the safety of Zaatari, told BBC reporter. “It is like we are prisoners of the Jordanians, it is as if they are working with the Syrian regime.”

The refugee camp is designed to hold people who have crossed the border illegally to avoid the bloodshed in Syria. Syrians can normally enter Jordan without a visa, so when the conflict began, some Syrians migrated to Jordan’s cities. There, they were housed and cared for by the Jordanian government. But as more and more people attempted to escape the conflict the cities are too full to handle the surge of people. Now, refugees are directed into the Zaatari tent city, which was opened in July.

The Jordanian government estimates the country is now home to 200,000 refugees, 15% of them here in the camp.

The Jordanian government insists the refugees’ basic needs are met. But The Jordanian Society for Human Rights (JSHR) published a report in which it pointed out numerous problems in Zaartari. The report underlined that the site of the camp is “unhealthy” as it is located in a dusty area, and noted that most refugees are living in plastic tents, inside which the heat is “unbearable.” They also stated that the camp lacks adequate water to support its population.

Two meals are distributed daily to the refugees, breakfast and lunch, according to the report. However, there is no variety in the diet and many of the meals arrive spoiled because they are prepared outside of the camp before being transported across the hot sands

In addition, the society said the camp’s toilets are “in bad shape and public for both men and women”, adding that Zaatari also lacks entertainment or leisure facilities.

Last week, a crowd gathered in the camp to demonstrate after what they believed were two days worth of inedible meals.  Demonstrators turned violent and someone set a portacabin ablaze. The protest was quickly quashed by authorities, who came in and used tear gas to disperse the crowd.

An official at the camp told a reporterthat supporters of the Syrian regime have infiltrated the camp to cause trouble.  One high-placed official claimed that pro-regime shabiha, Syrian paramilitary thugs, militiamen have been planted among the refugees to feed information back to the regime in Damascus as well.

Refugees disagree with this assessment and say the recent violent protests have been instigated only by their own disasifaction.  Ali, a refugee, says “If we found one,” referring to Syrian agents, “we would kick them out” and adamantly denies that the violence was a set up. “We have just had enough,” he said.

Now, many refugees are choosing to make the journey back to their war-torn homes rather than wait out the conflict in Zaatari.

“We face a slow death here, or a fast death over there,” says Hussain Ayish, pointing towards the border.

For further information, please see:

BBC News – Syrians Choose War over Jordan Zaatari Refugee Camp – 1 Nov. 2012

NY Times – Market Rises, Perfume and All, as Refugees Face a Long Syria War – 31 Oct. 2012

Jordan  Times – Rights Group Urges Relocation of Zaatari Refugee Camp – 30 Sept. 2012

Gulf News – Inside the Zaatari Refugee Camp – 12 Sept. 2012

Mali Begins Negotiations With Group Controlling Northern Mali

By Heba Girgis
Impunity Watch Reporter, Africa

BAMAKO, Mali—Representatives of al-Qaida-linked groups that currently control northern Mali arrived yesterday in Burkina Faso for negotiation with President Compaore who is trying to mediate a solution to the conflict between the groups and the rest of the country. These negotiations reveal that the country’s government is now willing to negotiate with this armed group known for its connection with the terror network chapter in Africa rather than resort to military force.

Talks of War Push Islamist Group Into Negotiations With Mali Government. (Photo Courtesy of Middle East Online)

The senior mediators in this crisis are trying to convince one of the groups, Ansar Dine, to cut ties with al-Qaida’s North Africa Branch. President Compaore hopes to remind the group that it “must disengage from terror and organized crime,” and “return to the political process.” The President who is the officially appointed mediator in the Economic Community of West African States decided that pushing these negotiation talks is a better way to try to resolve this crisis rather than using military force.

Ansar Dine has destroyed ancient shrines in Timbuktu and has applied its harsh interpretations of Islamic law in other areas under its control. In enforcing its laws, the group has stoned to death and whipped transgressors and has forced woman to remain covered.

The leader of Ansar Dine, Iyad Ag Ghaly, said that he would be ready to “officially distance himself from al-Qaida in the Islamist Maghreb and play ‘the democracy game.’”

The group’s head delegate Algabass Ag Intalla also noted that, “Ansar Dine is independent from any other group,” and is “ready to negotiate for peace.” He also added that he is prepared to meet the Malian minister “if the mediator wants it.”

Another source close to this extremist group sent delegation to Algiers as well articulating the position that the group is in favor of peace and that dialogue is necessary for peace. The source further acknowledges that that is the reason why they have set up these various delegates and will also be making a stop in Nigeria to discuss peace negotiations.

On October 12, 2012, the United Nations Security Council approved a resolution urging a joint African Union military force to speed up the preparations for a force of more than 3,000 troops in order to attempt to recapture the occupied northern region of Mali. However, it looks as though this resolution is on hold during these peace talks.

 

For further information, please see:

Fox News – Al-Qaida-Linked Group in Burkina Faso, Algeria for Mediation Talks – 4 November 2012

The Times of India – Mediators Push Mali Islamists to Cut Al-Qaida Ties – 4 November 2012

Middle East Online – Drums of War Push Mali Islamists Toward Dialogue – 3 November 2012

San Francisco Chronicle – Al-Qaida Linked Group in Burkina Faso For Talks – 3 November 2012

Despite Peace Talks, Violence Continues In Colombia

By Brendan Bergh
Impunity Watch Reporter, South America 

BOGOTÁ, Colombia – Peace talks between the Colombian government and the Revolutionary Armed Forces of Columbia (FARC) continue in Oslo, Norway.

Suitcase Bombs Strikes Terror On Halloween Night. (Photo Courtesy of Fox News Latino)

Since their inception in 1964 Latin Americas oldest revolutionary group has been striking terror throughout Colombia. The FARC rebels have been conducting military ambushes and kidnapping civilians and military personnel for years with the intent of disappearing them or ransoming them. Their reign of terror has been weakened in recent years, thanks to a continued increased military budget and U.S. backed security campaign. A temporary cease fire has been signed as leaders from FARC and the Colombia meet in Oslo to discuss the terms for the disbanding of the military group.

However those peace talks may be in jeopardy. On Halloween night in Pradera, over 5,000 Colombian children were out and about celebrating when the calm serene night was shattered by violence. A suitcase bomb exploded killing two suspected bombers and injuring another 37, seven of them children. Col. Nelson Ramirez the regional police chief believes the police station was the intended target. Pradera has always been a target for FARC who continually demand the area be ceded to them.

This is just the latest in a series of clashes that many believe can be attributed to FARC. Earlier in the month five soldiers were wounded in an apparent rebel ambush, while another two were killed when they activated a FARC installed landmine.

There have been quite a few attempts at peace since the 1980s. The latest in 2002 was almost successful, as then-President Andres Pastrana was about to grant the rebels a large portion of land. However in all too familiar fashion the peace talks broke down when the rebels launched a timely series of attacks in a bid to strengthen their position.  However the FARC claim they have no parallel agenda during their peace talks. That they hope that “The dialogue unfolds effectively, expeditiously, and in the shortest possible time.”

As the peace talks continue many items are still on the table. Beyond mere the demilitarization of FARC and the end to the kidnappings FARC is coming to the table with proposals and projects in order to implement radical socioeconomic reforms. However the issue of reintegration is still a large issue that needs to be discussed. If the peace talks are successful the question remains what will happen to rebel militants and the increased Colombian Army that was raised to combat FARC.

Despite these issues both sides have indicated a commitment to the “Construction of a stable and lasting peace.”

For further information, please see:

El Tiempo – Two Soldiers Killed When He Stepped On A Mine Field Installed By FARC – 3 November 2012

RCN Radio – FARC Say They Have No Parallel Agenda In Peace Process – 3 November 2012

El Pais – “There Is A Marriage Between The FARC And VAlle And Cauca BACRIM”: General Navas – 2 November, 2012

Fox News Latino – Halloween Bombing Kills 2, Injuries 36 In Colombia – 2 November 2012

CNN – Amid Peace Talks, Colombian Soldiers Killed  In Suspected Rebel Attack – 20 October, 2012

CNN – Colombia, FARC Rebels Begin Formal Peace Talks In Norway – 18 October, 2012