Europe

Putin to Fight U.S. Magnitsky Sanctions

By Terance Walsh
Impunity Watch Reporter, Europe

MOSCOW, Russia — Russian President Vladimir Putin has articulated his intentions to fight any sanctions imposed by the United States in response to the cover-up of Sergei Magnitsky’s death.

Russian President Vladimir Putin (Photo courtesy of Trustlaw).

In an executive order dated May 7, 2012 Putin said, “Hereby I instruct to carry out active work to prevent the introduction of unilateral extraterritorial sanctions by the USA against Russian legal entities and individuals.”

Putin’s remarks are the first official statements that explicitly mark an intention to fight international opposition to Russia’s handling of the Magnitsky case.  His strong opposition to sanctions comes shortly after the U.S. House of Representatives introduced the Sergei Magnitsky Rule of Law Accountability Act of 2012.  The act’s aim is to impose sanctions on countries that commit gross human rights violations.

Magnitsky was a Russian lawyer who worked for Hermitage Capital and died in a prison almost a year after he was arrested on tax evasion charges.

Putin’s stance has drawn the ire of those who would like to see justice for Magnitsky.  In an official statement a Hermitage Capital representative said, “Putin’s executive order shows clearly that the entire Russian government is now working in the interests of corrupt officials who have committed grave crimes. President Putin is ready to use the full resources of the state to fight sanctions but is not ready to do anything at all to prosecute his own corrupt officials who stole $230 million and who then tortured the whistle-blower Sergei Magnitsky who discovered the theft.”

Additionally, Putin’s statements come just ahead of a meeting of the Parliamentary Assembly of the Council of Europe (PACE) scheduled for the end of May.  At the meeting, the motion to impose sanctions against Russia over the Magnitsky case will be discussed.

The European Parliament is also become increasingly vocal about Russia’s violations.  For example Tim Verhofstadt, the European Parliament’s Liberals and Democrats leader said, “So far our policy of polite appeasement has not worked. Russia needs access and respectability in the outside world more than the outside world needs Russian gas or raw materials… The adoption of similar laws on both sides of the Atlantic to block visas and freeze the assets of those Russian officials, and their immediate families, involved or complicit in the murder of Sergei Magnitsky, the lawyer who died in jail after alleging widespread tax fraud by officials, would have a sobering effect.”

For more information please see:

Law and Order in Russia — Putin Declares Fighting Magnitsky Sanctions One of His Top Foreign Policy Goals — 16 May 2012

Trustlaw — Putin’s Effort to Block U.S. Sanctions Serves Corrupt Officials – Hermitage Capital — 16 May 2012

Ratko Mladic’s War Crimes Trial Begins

By Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

THE HAUGE, Netherlands–On Wednesday, former Bosnian-Serb General Ratko Mladic’s long-awaited genocide trial began at the United Nations International Criminal Tribunal of Yugoslav. The commencement marks an international victory for human rights, which demonstrates that perpetrators will be held accountable for their wrongful acts and will be brought to justice.

General Ratko Mladic (Photo Curtesy of Inquirer News)

Last May, Mladic , now 70 years old, was charged with 11 counts of genocide, war crimes and crimes against humanity that were committed during the 1992-1995 Bosnian war.

His indictment states, in part, that, “On 8 March 1995, Radovan KARADZIC, as the Supreme Commander of the VRS, issued Operational Directive 07, which directed the VRS to eliminate the Muslim enclaves of Srebrenica and Zepa, in furtherance of the “strategic objectives” of 12 May 1992. On 2 July 1995, Bosnian Serb Forces under the command and control of General Ratko MLADIC attacked the Srebrenica enclave. This attack on the enclave continued until 11 July 1995, when General Ratko MLADIC and the Bosnian Serb Forces entered Srebrenica. Subsequently, those Bosnian Serb Forces terrorized Bosnian Muslims, who were forcibly transferred to areas outside the enclave and many of whom fled in a huge column through the woods towards Tuzla. The majority of this group consisted of unarmed military personnel and civilians.”

The indictment further states that, between 12 July and about 20 July 1995, thousands of Bosnian Muslim men were captured by, or surrendered to, Bosnian Serb Forces under the command and control of General Ratko MLADIC. Over 7,000 Bosnian Muslim prisoners captured in the area around Srebrenica were summarily executed from 13 July to 19 July 1995. Killings continued thereafter. From about 1 August 1995 through about 1 November 1995, VRS units under the command and control of General Ratko MLADIC participated in an organized and comprehensive effort to conceal the killings and executions of the Bosnian Muslims of Srebrenica by reburying, in isolated locations, bodies exhumed from mass graves.

As stated by The Huffington Post, Prosecutor Dermot Groome told the three-judge panel on Wednesday that Mladic was chosen to lead the Bosnian Serb forces by Bosnian Serb leader Radovan Karadzic not only because of his skills as a military commander but also “because Karadzic believed he was willing to commit the crimes needed to achieve the strategic goals of the Bosnian Serb leadership.”

Also during Wednesday’s opening statements, Prosecutor Groome indicated that Mladic’s wartime diaries, radio intercepts and appearances he made on television during the war, would be used against him as evidence of his crimes. The Prosecutor will also use over 400 written witness statements, which have been used in other cases.

Despite the concrete evidence against him, Mladic maintains thathe did not partake in any crimes, instead iterating, “I have only defended my people.”

The first witness is to begin testifying on May 29, but Presiding Judge Alphons Orie may postpone the testimony because prosecutors have not disclosed all evidence to Mladic’s defense.

Should he be found guilty, Mladic faces life in prison.

For more information, please visit:

The Huffington Post—Ratko Mladic Ware Crimes Trial Starts—16 May 2012

AJC—War Crimes Charges Against Mladic—16 May 2012

NPR—Grim Reading: The Mladic Indictment: The Two-Way—26 May 2011

TIME—Ratko Mladic’s Indictment Contains Horrifying Details of Massacre—26 May 2011

 

 

Sergei’s Law

Sergei Magnitsky, a Russian lawyer, was tortured to death in 2009 for exposing a $230 million heist by Russian officials. His killers got away clean.  This is a video by a group of Russian and American students who are pushing for justice.

 

Video Courtesy of:

Sergei’s Law – Video – 11 May 2012

Russian Activist Convicted Under Anti-Gay Propaganda Law

By Brianne Yantz
Impunity Watch Reporter, Europe

MOSCOW, Russia – On Friday, a court in St. Petersburg fined prominent gay rights activist Nikolai Alexeyev for promoting homosexuality under a new municipal law that outlaws the distribution of “gay propaganda.”

Russian gay activist Nikolai Alexeyev. (Photo Courtesy of AP)
Russian gay activist Nikolai Alexeyev. (Photo Courtesy of AP)

After his conviction, Alexeyev announced the decision by taking to the social media site Twitter and asking his followers, “who can pay my fine for gay propaganda in St. Petersburg?”

Alexeyev was arrested in April for picketing St. Petersburg city hall with a poster that said: “Homosexuality is not a perversion. Perversion is hockey on the grass and ballet on ice.”  He was fined 5,000 rubles ($170 USD).  He said he plans to appeal against the decision if it is upheld later this week and will bring the issue before the European Court of Human Rights, if necessary.

The legislation, which was enacted in March of this year by local lawmakers, has drawn international criticism with human rights activists and organizations denouncing the law as homophobic and unjust. As John Dalhuisen, the Europe and Central Asia director at Amnesty International, explained, “such laws threaten freedom of expression and fuel discrimination against the city’s lesbian, gay, bisexual, transgender and intersex (LGBTI) community.”

Under the new law, public LGBTI events and demonstrations are effectively banned because of the pretext that the law is protecting minors. Furthermore, informational leaflets on rights or assistance or available advice are also severely restricted.

This suppression of LGBTI awareness from the public eye has driven concerns that the new legislation violates the rights of freedom of expression and assembly, as well as the right to non-discrimination and equality before the law. Such rights have been guaranteed by various international human rights treaties to which Russia is a party.

According to Amnesty International, the anti-gay propaganda legislation in St. Petersburg was influenced by similar actions in other regions of the nation such as Arkhangelsk and Riazan. Additionally, laws that seek to ban “propaganda of homosexuality” are currently underway in regions such as Samara and Novosibirsk.

Despite the backlash, Moscow’s Mayor, Sergei Sobyanin, has defended the anti-gay legislation in Russia, arguing that gay gatherings are offensive to the religious beliefs of many Russians.

 

For more information, please see: 

NY Times – Russia: Gay Rights Activist Fined – 5 May 2012

Boston Herald – Gay Leader in Russia Convicted, Fined  – 5 May 2012

Amnesty International – Amnesty International Urges Russia To Reconsider Anti-Gay Laws, Condemns the Fining of Prominent Activist – 4 May 2012

BBC News – Gay Rights Campaigner Fined in Russia for ‘Propaganda’ – 4 May 2012

Press Release: The Parliamentary Assembly of the Council of Europe Takes Steps Towards Launching an International Investigation into the Murder of Sergei Magnitsky

Press Release
Law and Order in Russia

25 April 2012 – Yesterday, at the Spring Session of the Parliamentary Assembly of the Council of Europe (PACE) meeting in Strasbourg, 69 members of Parliament from 29 countries signed a motion entitled: “Refusing impunity for the killers of Sergei Magnitsky”. The motion calls for a ‘dedicated report’ to investigate the death of Sergei Magnitsky and return the findings to the Assembly at a later date this year.

Sergei Magnitsky (Photo courtesy of Russian Untouchables)

The motion states:

“The conspiracy leading to Mr Magnitsky’s death was exposed by journalists and investigated by the Presidential Human Rights Council and other civil society bodies, which concluded in the summer of 2011 that a number of named officials were indeed apparently responsible for this crime.

According to investigators, following the events in question, the officials concerned acquired luxury properties and other assets whose value far exceeds what they could afford on their salaries as public servants. The competent authorities have nevertheless failed to properly investigate and prosecute those responsible for Mr Magnitsky’s death. Instead, they have continued to accuse Mr. Magnitsky, even seeking to prosecute him posthumously.”

It further states:

“For the sake of its own credibility and that of the Russian Federation, the Assembly should now engage in co-operation with Russia, through the preparation of a dedicated report, in order to fully elucidate this landmark case.”

The motion was introduced by Pieter Omtzigt, a Member of Parliament from the Netherlands and member of the European People’s Party (EPP) at the Parliamentary Assembly of the Council of Europe.

Mr Omtzigt said:

“It is a highly unusual step within the Council of Europe to focus on one case from one country for a report. The high number of supporters from so many countries within the Council of Europe suggests the truly emblematic nature of the Magnitsky case and the Russian Government’s inadequate response.”

The motion will be considered by the PACE Bureau at the Council of Europe on Friday 27 April. The Bureau is made up of the President of the Assembly, 18 Vice –President’s (each from a different member state), the Chair of each Political Group and Chairs of each PACE Committee. Once the Bureau approve the motion, steps will be taken to commission a special report into the Magnitsky case and assign a rapporteur to conduct the investigation and write the final report.

Special reports have previously been conducted into the Khodokovsky case, CIA extraordinary rendition and organ thefts in Kosovo.

The Magnitsky case was previously raised at length in the August 2009 Legal Affairs and Human Rights Committee report written by the former Rapporteur Sabine Leutheusser-Schnarrenberger, currently serving as Germany’s Minister for Justice. This report can be found here: http://russian-untouchables.com/docs/D42.pdf

The full text of the “Refusing impunity for the killers of Sergei Magnitsky” motion submitted at yesterday’s PACE Spring meeting can be found here: http://assembly.coe.int/ASP/Doc/XrefViewPDF.asp?FileID=18232&Language=EN

For further information please contact:

Hermitage Capital

Phone:             +44 207 440 17 77

E-mail:             info@lawandorderinrussia.org

Website:          http://lawandorderinrussia.org

Facebook:        http://on.fb.me/hvIuVI

Twitter:           @KatieFisher__

Livejournal:     http://hermitagecap.livejournal.com/

Full list of PACE Signatories:

OMTZIGT Pieter, Netherlands, EPP/CD

ACKETOFT Tina, Sweden, ALDE

AGRAMUNT Pedro, Spain, EPP/CD

ANDERSON Donald, United Kingdom, SOC

ÁRNASON Mörður, Iceland, SOC

AXELSSON Lennart, Sweden, SOC

BACKMAN Þuriður, Iceland, UEL

BARDINA PAU Josep Anton, Andorra, ALDE

BARNETT Doris, Germany, SOC

BOROWSKI Marek, Poland, NR

BREMER Tor, Norway, SOC

BUGNON André, Switzerland, ALDE

CEDERBRATT Mikael, Sweden, EPP/CD

ČIGĀNE Lolita, Latvia, EPP/CD

CILEVIČS Boriss, Latvia, SOC

CONNARTY Michael, United Kingdom, SOC

CORSINI Paolo, Italy, SOC

CRAMON-TAUBADEL Viola, von, Germany, SOC

DEBONO GRECH Joseph, Malta, SOC

FLEGO Gvozden Srećko, Croatia, SOC

FRUNDA György, Romania, EPP/CD

GARDETTO Jean-Charles, Monaco, EPP/CD

GUNNARSSON Jonas, Sweden, SOC

GUŢU Ana, Republic of Moldova, ALDE

HARANGOZÓ Gábor, Hungary, SOC

HAUGLI Håkon, Norway, SOC

HOLOVATY Serhiy, Ukraine, ALDE

JENSEN Michael Aastrup, Denmark, ALDE

JOHANSSON Mats, Sweden, EPP/CD

LĪBIŅA-EGNERE Inese, Latvia, EPP/CD

LOKLINDT Lone, Denmark, ALDE

LØHDE Sophie, Denmark, ALDE

LUNDGREN Kerstin, Sweden, ALDE

LYDEKA Arminas, Lithuania, ALDE

MAELEN Dirk, Van der, Belgium, SOC

MANZONE-SAQUET Nicole, Monaco, EPP/CD

MARCENARO Pietro, Italy, SOC

MARIN Christine, France, EPP/CD

MATEU PI Meritxell, Andorra, ALDE

MATUŠIĆ Frano, Croatia, EPP/CD

MAURY PASQUIER Liliane, Switzerland, SOC

MEALE Alan, United Kingdom, SOC

MONTAG Jerzy, Germany, SOC

MOTA AMARAL João Bosco, Portugal, EPP/CD

NEGELE Gebhard, Liechtenstein, EPP/CD

O’REILLY Joseph, Ireland, EPP/CD

PAPADIMITRIOU Elsa, Greece, EPP/CD

PELKONEN Jaana, Finland, EPP/CD

PFLUG Johannes, Germany, SOC

PHELAN John Paul, Ireland, EPP/CD

POURBAIX-LUNDIN Marietta, de, Sweden, EPP/CD

RAČAN Ivan, Croatia, SOC

REISSMANN Mette, Denmark, SOC

ROSEIRA Maria de Belém, Portugal, SOC

RUPPRECHT Marlene, Germany, SOC

SANNEN Ludo, Belgium, SOC

SCHOU Ingjerd, Norway, EPP/CD

SCHUSTER Marina, Germany, ALDE

SHERIDAN Jim, United Kingdom, SOC

SVEINSSON Gunnar Bragi, Iceland, ALDE

TOMLINSON John E., United Kingdom, SOC

TRETTEBERGSTUEN Anette, Norway, SOC

TUIKSOO Ester, Estonia, ALDE

VAREIKIS Egidijus, Lithuania, EPP/CD

VERCAMER Stefaan, Belgium, EPP/CD

VIROLAINEN Anne-Mari, Finland, EPP/CD

VUČKOVIĆ Nataša, Serbia, SOC

WADEPHUL Johann, Germany, EPP/CD

XUCLÀ Jordi, Spain, ALDE