Press Release

5 June 2013 – Today, Russian authorities have announced they arere-applying to Interpol to seek a Red Notice to arrest William Browder in spite of the Interpol’s earlier decision rejecting Russian requests for him asillegitimate and politically motivated.

“The Russian authorities can’t seem to be able to take a hint, – said a Hermitage Capital representative. –  Officials in the Russian Interior Ministry are apparently more afraid of losing their jobs if they don’t act on Putin’s political order to persecute Mr Browder, than they are of losing any remaining credibility Russia has with international bodies.”

On 24 May 2013, Interpol’s Commission for the Control of Files, an independent body responsible for compliance with Interpol’s Constitution, considered Russian proceedings against William Browder and ruled that they were of “predominantly political nature.” The Interpol Commission recommended that all information in relation to Mr Browder should be deleted from Interpol systems (http://www.interpol.int/News-and-media/News-media-releases/2013/PR063).

On the same day, Interpol’s General Secretariat deleted all information in relation to Mr Browder and informed all member countries about its actions, and also made the information public (http://www.interpol.int/News-and-media/News-media-releases/2013/N20130528).

The Russian authorities, nevertheless, demonstrated complete defiance over Interpol’s decisions and rules.

On 25 May 2013, the day following the Interpol’s decision, the Russian Interior Ministry publicly stated that they will continue to seek Mr Browder’s arrest via Interpol upon completing various formalities with the Russian Prosecutor’s Office(http://ria.ru/incidents/20130525/939429919.html).

Today, it was announced that the Russian law enforcement authorities are going to Interpol again to request his arrest following the Russian Moscow City Court’s rejection of the appeal from Mr Browder’s lawyer who sought to recognise the in absentia arrest as unlawful and unjustified and breaching numerous legal provisions. (http://www.rapsinews.ru/moscourts_news/20130605/267674181.html). The Moscow court’s decision came a day after Alexander Bastrykin, head of the Russian Investigative Committee and Russia’s most senior law enforcement official, publicly stated his “solidarity” with the proceedings against Mr Browder organised by his colleagues in the Russian Interior Ministry (http://5-tv.ru/news/71223/).

William Browder is running a global campaign for justice for late Russian lawyer, Sergei Magnitsky, who was tortured and killed in Russian police custody after exposing the $230 million theft, the largest publicly known case of fraudulent tax refund perpetrated by Russian officials and organized criminals. The campaign culminated last December with the adoption of Sergei Magnitsky Rule of Law Accountability Act in the United States which imposes visa bans and asset freezes on Russian officials responsible for the ill-treatment and death of Mr Magnitsky and the conspiracy he uncovered. On 12 April 2013, the US Government published a list of 16 Russian officials involved in the Magnitsky case. On the same day, the Russian Interior Ministry initiated a request for an in absentia arrest of William Browder.

William Browder is currently advocating for the adoption of Magnitsky sanctions in the EU similar to those adopted in the US. The renewed attack on Mr Browder by Russian authorities is aiming to block his ability to campaign across Europe.

“If Russian authorities continue in their non-compliance with Interpol’s Constitution and abuse Interpol’s systems for the purpose of political persecution, their access to Interpol databases must be suspended under the Interpol rules,” said a Hermitage Capital representative.

For further information, please see:

Law and Order in Russia

by Tony Iozzo
Impunity Watch Reporter, Europe

MOSCOW, Russia – A preliminary hearing was held in the trial of five men accused in the murder of investigative journalist Anna Politkovskaya on Monday.

The defendants were granted the right to a jury trial, as Russian law guarantees murder defendants the right to be tried by a jury, though most cases in Russia are decided by judges.

Anna Stavitskaya, the lawyer for Politkovskaya’s family, was pleased with the judge’s granting of a jury trial, stating, “From our point of view, a jury trial is the best option since it fully respects the adversarial principle between the sides.”

Politkovskaya, who was one of Russia’s most prominent investigative journalists, was shot to death in her apartment building on October 7, 2006. She had frequently criticized the Kremlin, and also accused the Russian military and pro-Moscow Chechen authorities of human rights abuses. At the time of her death, Politkovskaya worked for the newspaper Novaya Gazeta.

The case has caused an international stir and outraged human rights groups in Russia, and it has become a symbol of attempts to suffocate opposition of Vladimir Putin.

Russian leaders, including President Vladimir Putin and Chechen leader Ramzan Kadrov, have stated that the murder was an outrageous act of violence that struck at the freedom of speech and required a thorough investigation.

“In my opinion murdering such a person certainly does much greater damage from the authorities’ point of view, authorities that she strongly criticized, than her publications ever did,” President Putin stated.

The five accused, Lom-Ali Gaitukayev, his three nephews Rustam, Ibragim and Dzhabrail Makhmudov, and a former Moscow police officer Sergei Khadzhikurbanov, all participated in Monday’s hearing.

Ibragim and Dzhabrail Makhmudov and Khadzhikurbanov had already been acquitted of the murder in 2009, but that verdict was overturned by Russia’s supreme court.

Gaitukayev is believed to have organized the murder of Politkovskaya, while Rustam Makhmudov is believed to have been the actual gunman in the murder. The other two Makhmudov brothers are believed to have been accomplices to the murder.

Another former police officer, Dmitry Pavlyuchhenkov, was sentenced to eleven years in prison last year for supplying the murder weapon after pleading guilty to conspiring to commit the murder. Pavlyuchhenkov had implicated the current five defendants.

Currently, three of the defendants, Gaitukayev, Khadzhikurbanov, and Rustam Makhmudov, are being detained by Russian authorities, while Ibragim and Dzhabrail Makhmudov are restricted from traveling outside Russia.

The jurors are to be selected later this month on June 20^th, with the first public hearing to be held shortly afterwards.

For more information, please see:

The St. Petersburg Times – Murder Suspects Demand Jury Trial – 5 June 2013

BBC News – Politkovskaya Murder: Defendants to have Jury Trial – 4 June 2013

Al Jazeera – Russia Murder Suspects Back on Trial – 3 June 2013

The Independent – Anna Politkovskaya Murder Trial is Rerun Six Years After Fatal Shooting of Anti-Corruption Journalist – 3 June 2013

Impunity Watch – Former Russian Policeman Sentenced for the Murder of Journalist – 24 December 2012

PRESS RELEASE

 

4 June 2013 – As the EU-Russia Summit gets under way in Yekaterinburg today, 48 members of the European Parliament said they will veto the agreement for the visa-free travel for Russian officials currently under negotiation between the EU and Russia unless the EU implements Magnitsky sanctions. European parliamentarians have stated their position in a written communication to the foreign affairs ministers of all 27 EU member states.The European Parliament’s consent is required for any such EU-Russia visa agreement to come into force.

“Under current circumstances we will be unable to support any visa facilitation agreements with Russia and will advocate the Parliament to refuse its consent, unless the Council adopts an EU ‘Magnitsky law’ as proposed in the Parliament’s recommendation of October 2012,” said European parliamentarians in their letter.

The letter (http://www.donskis.lt/p/en/1/1_/1495) was signed by a number of influential members of the European Parliament, including Elmar Brok MEP, Chairman of the Foreign Affairs Committee, Edward McMillan-Scott MEP, Member of the Bureau of the European Parliament, Guy Verhofstadt MEP, former Prime Minister of Belgium, Vytautas Landsbergis MEP, Former President of Lithuania, Kristiina Ojuland MEP, former Foreign Minister of Estonia, Mario David MEP, former Portuguese Secretary of State for European Affairs, and Barbara Lochbihler MEP, Chair of the European Parliament’s Human Rights Subcommittee, among others.

The letter comes amidst the lack of reaction from the EU Council to the European Parliament’s call for sanctions on Russian officials in the Magnitsky case and other human rights violations. In the resolution adopted last October 2012 (http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P7-TA-2012-0369&language=EN&ring=A7-2012-0285 ), the European Parliament recommended to the EU Council to impose visa bans and asset freezes on those Russian officials who were responsible for Sergei Magnitsky’s false arrest, torture and death, as well as other gross human rights abusers from Russia. In the eight months since that resolution was passed, the EU Council has taken no action.

In the meantime, the European Council has begun active negotiations with Russia to allow visa-free travel for Russian government officials within the EU under demands from Russia. Given that under this agreement, the same persons who were responsible for Sergei Magnitsky’s death, as well as other gross human rights abuses would be provided visa-free travel in the EU, the European parliamentarians felt compelled to use their veto power over the proposed EU-Russia agreement to prevent Russian human rights abusers from slipping into Europe through this visa waiver program.

This development follows reports last week from an EU source(http://euobserver.com/foreign/120333) indicating that the EU leadership will bow to Russian pressure and back down from calling for justice in the Magnitsky case. The EU source stated that the torture and killing of the young whistle-blowing Russian lawyer is a matter of Russia’s “internal legal system.”  The position espoused by an EU official comes in contradiction to the OSCE/Helsinki human rights protocols signed in the 1980s by both Russia and EU member states, which specifically assert that human rights is a matter for the legitimate international concern, and is not to be viewed as an internal matter of each state.

For further information, please see:

Law and Order in Russia

By Ben Kopp
Impunity Watch Reporter, Europe

LONDON, United Kingdom – The European Commission (“EC”) has alleged that, by applying a “right-to-reside” test in addition to European Union standards, Britain discriminates against EU nationals.

Meant to be applied in all EU countries, the EU standard ensures eligibility of welfare payments for EU nationals who migrate between EU nations. However, while British and Irish citizens always pass Britain’s “right-to-reside” test, other Union nationals who pass the EU test are denied under the British test.

Additionally, the British test denies EU migrants rights to child benefits, a child tax credit, income based jobseeker’s allowance, state pension credit and income based employment and support allowances.

In a separate statement, the EC claimed that “UK nationals have a right to reside in the UK solely on the basis of their UK citizenship, whereas other EU nationals have to meet additional conditions in order to pass this right to reside test. This means that the UK discriminates unfairly against nationals from other member states. This contravenes EU rules on the coordination of social security systems which outlaw direct and indirect discrimination in the field of access to social security benefits.”

Jonathan Portes of the National Institute of Economic and Social Research stated that while EU migrants pay thirty percent (30%) more in taxes than take out in benefits, the migrants are also “significantly less likely” to claim benefits than British nationals. Additionally, government statistics in the UK reveal that migrants contribute ten percent (10%) of the Gross Domestic Product (GDP), and are only eight percent (8%) of the total population.

Nevertheless, on May 30, Britain declared that it would fight the EC’s legal action “every step of the way.” Work and Pensions Secretary, Iain Duncan Smith vowed, “I will not cave in and I will continue to work on strengthening our benefit system in the meantime to ensure it is not open to abuse by anyone.” That statement comes amidst fears from the UK Independence Party that Romanian and Bulgarian immigrants will create a surge of benefit claims when EU-imposed restrictions are lifted next year.

Duncan Smith added, “If we do away with our right-to-reside test, what will happen almost immediately is that people from day one will be eligible to income-related benefits.”

British Prime Minister David Cameron has permitted his Conservative Party to draft a bill and commit Britain to an in-out vote on EU membership. However, Cameron claims that he prefers for Britain to remain in a reformed EU. The United States, Britain’s closest ally has expressed a preference for Britain to retain membership.

On May 31, UK Foreign Minister William Hague said, “Too often, the British people feel that Europe is something that happens to them, not something they have enough of a say over.”

Despite economic fears with reform, a reasonable standard exists. After all, thirteen British colonies found a solution to the Articles of Confederation roughly 225 years ago.

For further information, please see:

BBC – UK’s Hague Wants ‘Red Card’ to Challenge EU Laws – 31 May 2013

Reuters – Britain Asks Germany to Help Lead Reform of EU, Explains How – 31 May 2013

BBC – UK Faces European Court over Benefits for EU Nationals – 30 May 2013

The Guardian – Iaian Duncan Smith Accuses European Commission of Benefits ‘Land Grab’ – 30 May 2013

The Guardian – UK Faces Court Action over EU Migrant Benefits – 30 May 2013

The Independent – ‘I’ll see you in court’: Works and Pensions Secretary Iain Duncan Smith vows Britain Will Fight Europe over Welfare Benefits for Immigrants – 30 May 2013

International Business Times – UK Taken to European Court over Migrant Benefits: Britain Pledges Legal Fight with EU over Discrimination against EU Nationals Claiming Social Security in UK – 30 May 2013

The Telegraph – Brussels Takes Britain to EU Court over Immigration Benefits – 30 May 2013

The Wall Street Journal – U.K. Plans to Fight EU over Access to Benefits – 30 May 2013

by Tony Iozzo
Impunity Watch Reporter, Europe

PARIS, France – A French soldier was stabbed while on patrol in La Defense, a business district west of Paris, on Saturday. Private First Class Cedric Cordier, 23, was approached from behind and stabbed in the neck with a small-bladed knife.

The suspect, described as being a bearded, athletically-built man of North African origin, was captured on security cameras before fleeing into a crowded shopping area and evading detention by police and the other patrolling-soldier.

Reports indicate that the suspect was seen “praying” before the knife attack, increasing fears that the attack was an act of terrorism.

French Interior Minister Manuel Valls told reporters, “…there are components which could lead you to think we’re dealing with an act of terrorism.”

Last Wednesday, a British soldier was killed on a London street by two men allegedly acting out of revenge for violence against Muslims.

Valls told reporters that, “there are elements- the sudden violence of the attack- that could lead one to believe there might be a comparison with what happened in London…But at this point, honestly, let us be prudent.”

Similarly, French President Francois Hollande said there was no sign of a direct link with the London killing, but that authorities are “exploring all options.”

France is on high alert for attacks by Islamic militants following its military intervention in Mali in January, which prompted threats by the North African wing of al Qaeda. Jihadist rebels threatened to “strike the heart of France.” France’s Vigipirate anti-terrorist alert system was raised to “reinforced red” as a result.

The higher state of alert is one of the reasons why some 450 soldiers are on patrol at metro and train stations and other vulnerable locations in Paris. The Vigipirate scheme sees troops deployed at high-profile tourist, business and transport sites.

Cordier, who was in uniform patrolling the underground corridors where shops and crowded public transport lines converge under the Arch of La Defense, was released from a military hospital on Monday morning. The stab wound was reportedly just two centimetres away from his carotid artery. The 23-year-old soldier had lost a considerable amount of blood, but remained stable.

French Defence Minister Jean-Yves Le Drian vowed to continue France’s “implacable” fight against terrorism. Anti-terrorism investigators are handling the case.

Currently, a police hunt is under way for the suspect. He is described as being 1.90 metres tall, and though initially thought to be wearing a djellaba (a traditional North African robe), later reports indicated he was wearing a black pullover.

For more information, please see: 

The Local – Suspect ‘prayed’ before knifing French soldier – 27 May 2013

Al Jazeera – French anti-terrorism police probe stabbing – 26 May 2013

BBC News – Knife attack on soldier in Paris treated as terrorism – 26 May 2013

France 24 – French soldier stabbed on patrol outside Paris – 25 May 2013