Sergei Magnitsky

U.S. imposes visa blacklist for officials involved in death of Russian lawyer

By Greg Hall
Impunity Watch Reporter, Europe

MOSCOW, Russia – The U.S. State Department has put certain Russian officials involved in the death of Russian lawyer Sergei Magnitsky on a visa blacklist.  At the same time, Moscow has threatened to back out of cooperating with the U.S. in connection with other nations, such as Iran and North Korea, if the Senate goes forward with a plan to impose human rights sanctions on Russia.

A handout file photo provided in November 2010 by Hermitage Capital Management and taken in Moscow on Dec. 29, 2006, shows Russian lawyer Sergei Magnitsky (Photo courtesy of The Washington Post).

Russia responded by stating that the United States cannot expect Russia to join in international sanctions with them while at the same time being sanctioned by the United States.  In addition, Russia threatens to end cooperation in allowing transit through their country to Afghanistan by the United States.

Despite possible threats to what the Obama administration calls the “reset” in U.S.-Russia relations and the implications for U.S. interests, supporters of the Senate proposal that has provoked the threats of retaliation say it is the right thing to do.  “The reset has brought about improvement in relations,” said former State Department official and Executive Director of Freedom House David Kramer, “but at the end of the day we’re still dealing with the same Russia, which shows no respect for human rights, no accountability and no respect for rule of law.”

The alleged human rights violation took place in 2009 when Magnitsky accused police and tax officials of a $230 million tax fraud. He was quickly arrested and charged with the crime. Magnitsky died in prison after being denied medical care for apparent pancreatitis and likely being badly beaten in his final hours.

Russia’s Investigative Committee said this month it has opened criminal probes against the doctor and deputy head of the Butyrskaya prison in Moscow where Magnitsky had been held for several months.  But the top officials cited as being at fault in the report of the council which advises President Dmitry Medvedev on rights issues have not been prosecuted.

The European Parliament, Canada and the Netherlands are also working on possible sanctions against Russia for the human rights violation.

Some sixty Russians are accused of involvement in the incident.  However, the number of people whose visas were blacklisted by the United States is not high.  In May, Senators Benjamin L. Cardin (D-Md.) and John McCain (R-Ariz.) introduced the Sergei Magnitsky Rule of Law Accountability Act.  The act would freeze assets as well as visas.  Though named for Magnitsky, it would apply to other future and past cases.

For more information, please see:

AFP – US visa blacklist after Russian lawyer’s death: report – 26 July 2011

The Washington Post – U.S. puts Russian officials on visa blacklist – 25 July 2011

The Library of Congress – Sergei Magnitsky Rule of Law Accountability Act – 19 May 2011

Agencies “cover” officials involved in Magnitsky case – rights activist

Originally published by Russia & CIS Business and Financial Newswire
July 1, 2011

MOSCOW – July 1 (Interfax) – Human rights activists intend to name the
officials who may be involved in Hermitage Capital lawyer Sergei
Magnitsky’s case, who died in a Moscow detention facility.

The names will be mentioned in the interim report on the Magnitsky case,
which the presidential Human Rights Council plans to pass to President
Dmitry Medvedev on July 5, Kirill Kabanov, the head of the public
organization National Anti-Corruption Committee, told Interfax on Friday.

“We will raise questions about the names of the people who may be
interested in the Magnitsky case,” Kabanov said.

The working group of the presidential Human Rights Council is actively
working with the Russian Investigations Committee, which is investigating
Magnitsky’s death.

“We have come to the following interim conclusion: Unfortunately, it may be
impossible to subject all participants in this trial to criminal liability.
Agencies are covering them. Courts have made many illegal decisions.
Dealing with courts is a big problem,” Kabanov said.

The interim report will not state the final conclusion on the cause of
Magnitsky’s death, Lyudmila Alekseyeva, a member of the presidential human
rights council, a member of the Council’s working group on the Magnitsky
case, and head of the Moscow Helsinki Group, said.

Magnitsky, a lawyer for the investment foundation Hermitage Capital, died
in the Matrosskaya Tishina detention facility on November 16, 2009, at the
age of 37. He was charged with tax evasion.

Magnitsky’s death drew a broad public response. The Investigations
Committee opened a criminal case on charges of failure to provide
assistance to a patient and negligence.

According to two forensic evaluations, Magnitsky died of acute heart
insufficiency. The experts confirmed that Magnitsky was suffering from the
illnesses he was diagnosed with earlier, but said those illnesses were not
at an acute stage.

Despite the dismissals in the Federal Service for the Enforcement of
Punishments, human rights activists believe no real investigation into the
causes of Magnitsky’s death was conducted.