13 January 2014 – Today, the Russian Interior Ministry issued a “denial” of a new posthumous case against Sergei Magnitsky. However, documents obtained from the court indicate that the Interior Ministry is pursuing an active case (No 678540) in which it posthumously accuses Sergei Magnitsky of the $230 million theft that he had in fact uncovered.
The Demand by Prosecutor Grin to open the criminal case posthumously and accusing Mr Magnitsky of perpetrating the $230 million theft says:
“Based on results of investigation, V.G. Khlebnikov and V.A. Markelov were brought to justice, the persons who had entered into prior conspiracy with V.N. Kurochkin, S.M. Korobeinikov, O.G. Gasanov, and S.L.Magnitsky, by deceit during September through December 2007 have committed theft of 5,409,503,006 rubles, having organized an unlawful refund from the budget of Russia of the previously paid income tax.”
The Decree to open the criminal case No 678540 by the Interior Ministry says:
“Senior Investigator …O.V.Urzhumtsev, having considered the report and materials of checks…has determined: by verdict of the Tverskoi District Court of Moscow from 28 April 2009 and 10 March 2011 which came into effect, V.A. Markelov and V.G. Khlebnikov have been recognized guilty of entering into a prior conspiracy with V.N.Kurochkin, S.M. Korobeinikov, O.G.Gasanov and S.L. Magnitsky, to have organized by deceit the unlawful refund to taxpayers… of allegedly surplus paid income tax for 2006, have stolen funds from the budget of the Russian Federation and of Moscow city, the subject of federation, in the amount of 5,409,503,006.48 rubles.”
Numerous complaints from the Magnitsky family that case No 678540 is based on fabricated evidence have been rejected by Tverskoi District Court, Interior Ministry and Prosecutor’s Office.
The evidence about the existence of this case was originally kept secret by the Russian authorities from the Magnitsky family. For some time, the Russian Interior Ministry officials publicly defamed Sergei Magnitsky at press conferences airing these posthumous allegations. The complaint from the Magnitsky family about this posthumous slander addressed to the Head of the Russian Interior Ministry’s Investigative Department remained unanswered.
Subsequently, the Magnitsky family learned that Deputy General Prosecutor of Russia Victor Grin in fact ordered a new case to be opened naming Magnitsky posthumously as the perpetrator of the $230 million theft after his death. Posthumous accusations are in breach of the Russian legislation and the European human rights principles defended by the European Court of Human Rights.
Russian Interior Ministry officers in charge of the second case posthumously accusing Magnitsky of the $230 million theft have included Oleg Urzhumtsev, Ruslan Filippov and Pavel Tambovtsev.
“Attempts by the Interior Ministry to whitewash what has now turning into a practice of posthumous persecution of Sergei Magnitsky are flatly in contradiction to the documents in the case file,” said Hermitage Capital representative.
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