Press Release

For Immediate Distribution

2 April 2014 – Today the European Parliament adopted a resolution on targeted asset freezes and visa sanctions on 32 Russians in the Magnitsky case. It is now for the EU Council to decide on its enactment.

The Magnitsky sanctions resolution was adopted with no objections. The EU sanctions list comprises Russian officials and private individuals who played a role in the Magnitsky case both before and after the death of whistle-blowing lawyer, including those Russians who took part in the posthumous trial of Sergei Magnitsky, the first-ever in Russian legal history, in spite of the protests from the Magnitsky family bringing further pain and suffering to his surviving relatives.

“With the passing of this Resolution by the European Parliament, the EU is now joining the US efforts in bringing an end to impunity of those in Russia who were involved in the false arrest and death of Sergei Magnitsky and in the conspiracy he had exposed, and the cover up of those acts,” said William Browder, leader of Magnitsky Justice movement.

The resolution calls for sanctions be imposed as a first step on 32 individuals, including 16 officials that have already been sanctioned by the U.S. Government under the Sergei Magnitsky Rule of Law Accountability Act of 2012. The most senior Russian government officials on the EU sanctions list, who are not on the public part of the U.S. list, are Russian Deputy General Prosecutor Victor Grin, and Head of FSB Financial Counter-Intelligence Department Victor Voronin.

“Today’s adoption by the European Parliament of the Resolution on the common visa restrictions for Russian officials involved in the Sergei Magnitsky case is an important signal into two directions. First of all to the European Member States, which– despite repeated resolutions by the European Parliament- have not moved forward on the Magnitsky sanctions list. On the other hand, to the Russian officials mentioned on the list, who should have understood by now that the human rights violations committed against Sergei Magnitsky will not go unnoticed,” said Chair of the Human Rights Subcommittee of the European Parliament Barbara Lochbihler.

 

“Members from across the political divide have been campaigning for this move for well over a year. The Magnitsky case reminds us that Russia, in spite of its international legal obligations, has for some time now in many cases dispensed with European standards of democracy, freedom and the rule of law even before its recent aggression against Ukraine. I am confident that these targeted sanctions called for by the Parliament, if approved by the Council of Ministers, will have a real effect on those concerned, and will send a clear signal to President Putin that gross violations of universal human rights will bring consequences against the perpetrators,” said Charles Tannock, Member of the European Parliament from the UK.

 

“As the people involved in this case have not been brought to justice in Russia, we have the obligation to at least forbid their entrance to the EU and freeze their assets that are in our Member States,” said Member of the European Parliament from Estonia Kristiina Ojuland.          

“It has been more than four years since the death of Sergej Magnitsky, he is the most prominent victim of the abuse of power by the Russian government, but sadly only one of many. ..In light of current developments, strengthening the EU’s voice on human rights and the rule of law in Russia has become even more important,” said Marietje Schaake, a Dutch politician and MEP.

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Press Release
For Immediate Distribution

18 March 2014 – Today the Foreign Affairs Committee of the European Parliament adopted a resolution calling for targeted asset freezes and visa sanctions on 32 individuals in the Magnitsky case in Europe.

The top officials on the proposed sanctions list are Russian Deputy General Prosecutor Victor Grin, and Head of FSB Financial Counter-Intelligence Department Victor Voronin, two key officials who oversaw the case against Sergei Magnitsky and the proceedings in which officials Magnitsky had exposed for the $230 million theft had been exonerated.

“Russia should understand that civilized people in the West won’t tolerate impunity of Russian officials who participated in the torture and murder of Sergei Magnitsky,” said William Browder, leader of Magnitsky Justice campaign.

The resolution calls for sanctions be imposed as a first step on 32 individuals, including 16 officials that have already been sanctioned by the U.S. Government under the Sergei Magnitsky Rule of Law Accountability Act.

The EU list includes the names of previously convicted Dmitry Klyuev, former beneficial owner of Universal Savings Bank which received a portion of the stolen $230 million, and his associates Andrei Pavlov and Yulya Mayorova, who took part in collusive court proceedings orchestrated to disguise the $230 million theft.

The proposed EU list further targets those involved in the posthumous trial of Sergei Magnitsky, including judge Igor Alisov, and prosecution witness Konstantin Ponomarev.

The resolution calls on EU Council to:

“Establish a common EU list of officials responsible for the death of Sergei Magnitsky, for the subsequent judicial cover up and for the ongoing and continuing harassment of his mother and widow.”(http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-528.148+01+DOC+PDF+V0//EN&language=EN)

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Magnitsky Sanctions List of 32 Persons Adopted by the Foreign Affairs Committee of the European Parliament

1. ALISOV, Igor, born 11 March 1968;
2. DROGANOV, Aleksey (a.k.a. DROGANOV, Alexei), born 11 October 1975;
3. EGOROVA, Olga, born 29 June 1955;
4. GAUS, Alexandra, born 29 March 1975;
5. GERASIMOVA, Anastasia, born 22 January 1982;
6. GRIN, Victor, born 1 January 1951;
7. KARPOV, Pavel, born 27 August 1977;
8. KHIMINA, Yelena (a.k.a. KHIMINA, Elena), born 11 February 1953;
9. KLYUEV, Dmitry (a.k.a. KLYUEV, Dmitriy or KLYUEV, Dmitri), born

10 August 1967;

1. KOMNOV, Dmitriy (a.k.a. KOMNOV, Dmitri), born 17 May 1977;
2. KRIVORUCHKO, Aleksey (a.k.a. KRIVORUCHKO, Alex or KRIVORUCHKO,

Alexei), born 25 August 1977;

1. KUZNETSOV, Artem (a.k.a. KUZNETSOV, Artyom), born 28 February 1975;
2. LOGUNOV, Oleg, born 4 February 1962;
3. MAYOROVA, Yulya (a.k.a. MAYOROVA, Yulia), born 23 April 1979;
4. PAVLOV, Andrey (a.k.a. Pavlov, Andrei), born 7 August 1977;
5. PECHEGIN, Andrey (a.k.a. PECHEGIN, Andrei), born 24 September 1965;
6. PODOPRIGOROV, Sergei, born 8 January 1974;
7. PONOMAREV, Konstantin, born 14 August 1971;
8. PROKOPENKO, Ivan Pavlovitch, born 28 September 1973;
9. REZNICHENKO, Mikhail, born 20 February 1985;
10. SAPUNOVA, Marina, born 19 June 1971;
11. SHUPOLOVSKY, Mikhail, born 28 September 1983;
12. SILCHENKO, Oleg, born 25 June 1977;
13. STASHINA, Yelena (a.k.a. STASHINA, Elena or STASHINA, Helen), born

5 Nov 1963;

1. STEPANOVA, Olga, born 29 July 1962;
2. STROITELEV, Denis, born 23 January 1973;
3. TAGIEV, Fikhret, born 3 April 1962;
4. TOLCHINSKIY, Dmitry (a.k.a. TOLCHINSKY, Dmitriy or TOLCHINSKIY,

Dmitri), born 11 May 1982;

1. UKHNALYOVA, Svetlana (a.k.a. UKHNALEV, Svetlana or UKHNALEVA,

Svetlana V.), born 14 March 1973;

1. URZHUMTSEV, Oleg, born 22 October 1968;
2. VINOGRADOVA, Natalya, born 16 June 1973;
3. VORONIN, Victor, born 11 February 1958

 http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-528.148+01+DOC+PDF+V0//EN&language=EN

Press Release
For Immediate Distribution

31 January 2014. – Today, the Russian authorities defied the resolution adopted three days ago by the Parliamentary Assembly of the Council of Europe (PACE) byupholding the posthumous  guilty verdict against Sergei Magnitsky who was tortured and killed in Russian custody four years ago.

The Moscow City Court announced this morning that the posthumous verdict against Magnitsky “automatically” came into force “because nobody challenged it”.

Just three days ago, delegates from 47 member countries of PACE have adoptedwith an 81% vote the resolution entitled “Refusing Impunity for the Killers of Sergei Magnitsky”, calling on Russian authorities “to close the posthumous trial against Mr Magnitsky.” Instead, the Russian officials went ahead with the posthumous case.

The PACE resolution calls for “targeted sanctions against individuals (visa bans and freezing accounts)” by Council of Europe member states in the case of Russia failing to address the recommendations contained in the resolution.

“It is clear from today’s decision that Russian authorities have immediately defied the PACE resolution and deserve sanctions. Moreover, it shows that the justice system in Russia has been bastardized to support high-level government corruption,” said a Hermitage Capital representative.

Last year, President Putin promoted judge of Tverskoi District Court Igor Alisov who issued to Sergei Magnitsky a guilty verdict in the first posthumous trial in Russian legal history.

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PACE Documents “Refusing Impunity for the Killers of Sergei Magnitsky”

PACE Resolution 1966 (2014)1: http://www.assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=20409&lang=en

“18. The Assembly resolves to follow closely the implementation of the above proposals. It recalls its Resolution 1597 (2007) and Recommendation 1824 (2007) on United Nations Security Council and European Union blacklists. It further resolves that if, within a reasonable period of time, the competent authorities have failed to make any or any adequate response to this resolution, the Assembly should recommend to member States of the Council of Europe to follow as a last resort the example of the United States in adopting targeted sanctions against individuals (visa bans and freezing of accounts), having first given those named individuals the opportunity to make appropriate representations in their defence.”

PACE Recommendation: http://www.assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=20410&lang=en

“1. The Parliamentary Assembly refers to its Resolution 1966 (2014) on refusing impunity for the killers of Sergei Magnitsky, and invites the Committee of Ministers to examine ways and means:

1.1.     of improving international co-operation in investigating the “money trail” of the funds originating in the fraudulent tax reimbursements denounced by Mr Magnitsky; and, in particular,

1.2.     of ensuring that the Russian Federation fully participates in these efforts and holds to account the perpetrators and beneficiaries both of the crime committed against Sergei Magnitsky and that denounced by him.”

PACE Report “Refusing Impunity for the Killers of Sergei Magnitsky”:http://www.assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?fileid=20084&wrqid=0&wrqref=&ref=1&lang=EN

Press Release
For Immediate Distribution

28 January 2014 – The Parliamentary Assembly of the Council of Europe,
which unites 47 countries, has called today for the introduction of
U.S.-like Magnitsky sanctions by Council of Europe member states if Russian
authorities fail within the reasonable timeframe to adhere to the PACE
Resolution. The Resolution calls on Russia to end impunity of Russian
officials by bringing to account those responsible for Magnitsky’s death,
stopping his posthumous prosecution and the pressure on his family, and
closing criminal cases against other Hermitage Fund’s lawyers who reported
the $230 million theft and defended the Fund against the fraud.

The Resolution entitled “Refusing Impunity for the Killers of Sergei
Magnitsky” was passed by 81% of PACE delegates (151 deputies – in favor, 25
– against, 10 – abstention)
(http://www.assembly.coe.int/nw/xml/Votes/DB-VotesResults-EN.asp?VoteID=34812&DocID=14854).

The PACE also approved (151 – in favor, 29 – against, 8 – abstention) the
Recommendation to the Council of Minister to “ensure that the Russian
Federation …holds to account the perpetrators and beneficiaries both of the
crime committed against Sergey Magnitsky and that denounced by him.”

The PACE report highlights that Russian authorities are engaged in a
massive cover-up at all levels in this case:

“We are in the presence of a massive cover-up involving senior officials of
the competent [Russian] ministries, the Prosecutor General’s Office, the
Investigative Committee and even certain courts finds itself further
consolidated,” says Rapporteur Andreas Gross, MP in his report (
http://www.assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=20084&lang=en).

The voting was preceded by speeches from delegates from different
countries. The Russian delegates tried to deflect blame by accusing William
Browder, the head of the Magnitsky Justice Campaign, of being responsible
for Magnitsky’s arrest and death.

Other PACE delegates from Europe stressed that this case is symbolic of
abuse and corruption. They said it was shameful that Russian authorities
have not investigated officials denounced by Magnitsky as complicit in the
$230 million theft, and those responsible for his killing in custody.

The addendum to the Report on the impunity in Magnitsky case by Rapporteur
Gross says that Russian authorities not only failed to adhere to the
recommendations made in the main report, to bring to account those involved
in the $230 million theft denounced by Magnitsky, but have instead
exonerated all officials in spite of evidence of their enrichment:

“The Russian authorities have not made any progress in investigating the
matters highlighted in the main report and in the draft resolution adopted
by the Committee on Legal Affairs and Human Rights on 4 September 2013. On
the contrary, one of the main suspects – Ms Stepanova – has recently been
exonerated by the Investigative Committee, without reference to the
suspicious circumstances surrounding the disbursement in record time of a
record amount of tax refunds into freshly opened bank accounts of criminals
known as such by the authorities, with a small and ill-famed bank that
closed soon after the receipt of the funds and “lost” all records,” says
the Addendum to Report “Refusing Impunity for the Killers of Sergei
Magnitsky”.

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Report: “Refusing Impunity for the Killers of Sergei Magnitsky”

Press Release
For Immediate Distribution

27 January 2014 – Sergei Magnitsky’s mother has taken a legal action against the Russian Interior Ministry to terminate the second posthumous case against her son. She has also called for an investigation of those officials who are responsible for the case falsification.

“This criminal case is based on a fictitious event, and therefore must be terminated, and there should be a proper investigation launched into those officials who have falsified the records and organized the second posthumous persecution of my son,” says Ms Magnitskaya in her statement.

Magnitsky’s mother believes that the second posthumous case accusing her son of complicity in the $230 million theft that he had uncovered is an attempt to pressure her into dropping her calls for justice.

“Unlawful acts of officials…cause me unjustified suffering and pain which I consider as a new attempt by investigators to force me to withdraw my calls for justice for my deceased son and for bringing to account those responsible for his unlawful prosecution and murder,” says Ms Magnitskaya.

The complaint by Ms Magnitskaya states that Interior Ministry Investigator Urzhumtsev who was the officer who launched the second posthumous Magnitsky case had a material conflict of interest, as he was a friend of Andrei Pavlov, the lawyer who took part in the collusive lawsuits in various courts which were then used to justify the fraudulent $230 million refund uncovered by Mr Magnitsky.

Ms Magnitskaya’s complaint says that Investigator Urzhumtsev was aware of Magnitsky’s testimonies which exposed those involved in the fraud against Hermitage and the $230 million theft, including Andrei Pavlov.

“The inclusion of false data in the criminal case records is an abuse of office, in this case wilful…A significant part in this falsification was performed by Investigator Urzhumtsev, an acquaintance of A.Pavlov… Investigator Urzhumtsev was aware from the materials of the criminal case …that my son during the stated period confronted the criminal group which perpetrated fraud against his client – the three Russian companies of the Hermitage Fund. He knew of my son’s testimonies from 5 June 2008 and 7 October 2008 in which he exposed the perpetrators and the co-conspirators of the theft,” says the statement.

The new criminal case was opened in secrect and kept from Magnitsky’s family.

“Serious violations of constitutional rights of my son who is deprived of anopportunity to defend himself due to his death in detention centre, his incrimination, in secrecy from his relatives, in committing a serious offence, doing so without issuing him a charge,  and without a valid court verdict in relation to him, is a clear ground to terminate the criminal case No 678540 which is based on a fictitious crime event,” said Ms Magnitskaya in her statement.

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