By Ben Kopp
Impunity Watch, Europe
MOSCOW, Russia – Against the views of the European Union and Amnesty International, Russia found Sergei Magnitsky guilty of tax evasion in the country’s first posthumous trial. In absentia, Russia also found guilty Magnitsky’s boss, William Browder.
Before his arrest, Sergei Magnitsky campaigned against corruption, and believed that he uncovered a tax scam involving several interior ministry officials, who allegedly stole 150 million Euros. In turn, Russian officials accused Magnitsky and Browder of creating their own tax scheme to defraud the government. As a British Citizen and resident, Browder was neither physically detained nor likely to be extradited under the circumstances.
While in prison, Magnitsky claimed that he was mistreated and denied medical care in attempt to make him confess to tax evasion. In 2009, at age 37, Magnitsky died of untreated illnesses. The Kremlin’s human rights council added that evidence demonstrate Magnitsky had been beaten to death. However, President Vladimir Putin dismissed allegations of torture and mistreatment. According to Putin, Magnitsky died of heart failure.
Under a July 2011 ruling by the Russian Constitutional Court, posthumous trials became possible. Nevertheless, Amnesty International stated that in prosecuting Magnitsky, Russia “set a dangerous precedent that could open a whole new chapter in Russia’s worsening human rights record.”
In agreement, the European Union said the trial sent “a disturbing message to those who fight corruption in Russia.”
Browder remarked that the verdict which convicted Magnitsky and himself would “go down in history as one of the most shameful moments for Russia since the days of Josef Stalin.”
Browder’s Hermitage Capital said in a statement: “This show trial confirms that Vladimir Putin is ready to sacrifice his international credibility to protect corrupt officials who murdered an innocent lawyer and stole $230 million from the Russian state.”
In the US, Browder had lobbied for the Magnitsky Act, which became law in December 2012. Under the Magnitsky Act, the US blacklists Russian officials believed to have been involved in Magnitsky’s death or severe human rights abuses against other persons, and freezes that person’s assets. In response, Russia created its own blacklist of US officials involved in Guantanamo, and further prohibited Americans from adopting Russian children.
Following Magnitsky’s conviction, US Deputy Assistant Secretary of State Daniel Baer encouraged consideration of expanding the blacklist against Russia. “My bureau has been involved in producing the first list, and we do see it as an ongoing project and we plan to add names to the list,” Baer said.
“We have explained repeatedly that the “war of blacklists” started by Washington is unquestionably a dead end, dooming Russian-US relations to fruitless confrontation,” the Russian Foreign Ministry said in a heated statement. The ministry went on to point out that the Prism surveillance documents released by Edward Snowden provide several names that Russia could use to expand its blacklist against the US.
Without even the aid of Interpol, Russia’s battle for its officials may stop short of Browder. However, in disregarding international reputation, Russia will win control over its people.
For further information, please see:
Guardian – Sergei Magnitsky Trial: This is Putin’s Kind of Justice – July 13, 2013
Voice of Russia – Russia Reacts Angrily to US Threat to Expand Magnitsky List – July 13, 2013
Euronews – Russian Lawyer Magnitsky Found Guilty of Tax Fraud Four Years after Death – July 11, 2013
Reuters – Russia Convicts Lawyer Magnitsky in Posthumous Trial – July 11, 2013
RT – Court Finds Magnitsky, Bowder Guilty of Tax Evasion — July 11, 2013
Telegraph – Russia Finds Sergei Magnitsky Guilty of Tax Evasion – July 11, 2013
