Special Features

Magnitsky’s Mother Challenges Russian Senators Over Posthumous Defamation of Her Son in DC, Russian Senator Leading Delegation to DC is Linked To Organized Crime

Press Release
Hermitage Capital

16 July 2012 – Today, Natalia Magnitskaya, mother of the late Sergei Magnitsky, wrote an open letter to Valentina Matvienko, head of the Russian Federation Council (the upper chamber of the Russian Parliament), demanding answers over the defamatory remarks made posthumously against her dead son in Washington DC last week by Russian multi-millionnaire senator Vitaly Malkin, who was previously named as “a member of a group engaging in organized or transnational crime” by the Canadian government in court proceedings.

 

Russian multi-millionnaire senator Vitaly Malkin. (Photo Courtesy of Forbes)

“I believe that an attempt to slander the good name of my son posthumously looks shameful and not deserving of the honorable title of people’s representative,” said Natalia Magnitskaya in her open letter to the leader of the Russia’s Federation Council (http://russian-untouchables.com/rus/docs/D524.pdf).

On the trip, Mr. Malkin and three other Russian senators met with U.S. congressmen to lobby against the passing of the Magnitsky Act, a piece of legislation which would impose U.S. visa bans and asset freezes on corrupt officials and human rights abusers. In their meetings, Vitaly Malkin and his Federation Council colleagues circulated a report defaming Sergei Magnitsky, which they claimed was the result of an official “parliamentary investigation”. The mandate of the Malkin’s report was immediately put into question by Mikhail Margelov, head of the Federation Council’s Foreign Relations Committee, who  stated that it was not “a parliamentary investigation in the accepted meaning of the word” (see further Interfax news agency http://russian-untouchables.com/eng/2012/07/senator-denies-russian-report-on-magnitskiy-case-based-on-official-inquiry/).

It has now transpired that Mr. Malkin, who led the Russian delegation to DC and lobbied against visa sanctions, had a conflict of interest due to his visa applications being repeatedly rejected by the Canadian government on the grounds of his reported links to “organized or transnational crime”, and “association with individuals involved in money laundering, arms trade and trade in Angolan “conflict diamonds,” according to court documents revealed by Canadian National Post and The Moscow Times (http://www.themoscowtimes.com/news/article/billionaire-senator-cant-get-canadian-visa/378307.html).

According to the Moscow Times, between 1994 and 2009, Mr. Malkin applied for a permanent residence permit in Canada and subsequently for a tourist visa to Canada. Both applications were rejected because of his reported links to individuals involved in organized or transnational crime.

“A visa officer told the Canadian court that Malkin was a shareholder in a company thought to have received money diverted from a debt-reduction deal with Angola. “Mr. Malkine is reported to have personally received some $48 million in the transaction,” a passage published by the court in May reads,” reported Moscow Times in 2009.

“The visa officer also noted Malkin’s association with individuals involved in money laundering, arms trade and trade in Angolan “conflict diamonds, the document say,” according to the Moscow Times.

Mr. Malkin filed a lawsuit in Canada over his entry being denied, the outcome of the proceeding is not known.

“It’s remarkable that a Russian official, who has been linked to organized crime and arms trading by a major Western government, would be sent by the Russian parliament to lobby against US legislation to ban similar types of Russians coming to the United States. It is even more remarkable that such a compromised character would have the nerve to slander Sergei Magnitsky on US soil. Mr Malkin should go back home and publicly apologize to the Magnitsky family for the disgraceful way he insulted Sergei Magnitsky’s memory,” said a Hermitage Capital representative.

During the trip to Washington Mr. Malkin made a number of public and defamatory statements about Sergei Magnitsky claiming Magnitsky was a “drunk”, “out of shape” and that he didn’t die from his injuries after a severe beating. Mr. Malkin’s report has been condemned by Sergei Magnitsky’s mother as echoing the same false accusations made by the Russian Interior Ministry officials who had tortured and killed her son in custody.

In her open letter, Ms. Magnitskaya said:

“The statements by Russian senators are identical to the misleading version of events concocted by the  investigators and prosecutors who are responsible for my son’s death. They completely ignore the conclusions of the Moscow Public Oversight Committee and the President’s Human Rights Council.”

The Russian President’s Human Rights Council concluded that Magnitsky had been arrested illegally, using a falsified report from the FSB (the Russian secret police), that Magnitsky was denied justice and was persecuted by the same investigators he had accused of a corrupt scheme to steal $230 million of budget funds, and that all attempts to investigate the role of officials in the thefts have been blocked by the Russian government.

Ms. Magnitskaya stressed that the report released by the Federation Council members in Washington was prepared secretly and that the authority of the Russian officials who presented it has not been disclosed to the public. She asked Valentina Matvienko, head of the Russian senate, to address three points:

1) Disclose which senators in the Federation Council made the decision to carry out the secret investigation into the Magnitsky case and under what authority the senators carried it out;

2) Provide Magnitsky’s family lawyer all documents that the senators claimed to have received from government bodies and the notes they drafted;

3) Disclose the budget and sources of financing of the senators’ trip to Washington.

On the trip, Mr. Malkin was accompanied by three other Russian senators: Valery Shnyakin, Alexander Savenkov, and Aslambek Aslakhanov.

“Abusing their status, these people allowed themselves to posthumously defame the memory of my son. They used the fact that my son can no longer defend himself. I ask of you as the leader of the upper chamber of the Russian parliament to give an objective assessment of the actions of these individuals,” said Ms. Magnitskaya in her letter to the leader of the Federation Council.

Mr. Malkin, head of the Federation Council’s delegation to DC, has represented the East Siberian republic of Buryatia in the Federation Council, Russia’s senate, since 2004. He is a multi-millionaire currently ranked 7th on the Forbes’ list of Russia’s richest officials, and is the 163rd richest businessman in Russia, with a net worth estimated at US$ 600 million (2012) (http://www.forbes.ru/profile/vitalii-malkin).

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/

Slanderous Russian Federation Council Report on Magnitsky to the U.S. Congress Was Not Approved by the Russian Parliament

Press Release
Hermitage Capital

13 July 2012 – One day following a major lobbying campaign in Washington DC against the Magnitsky Act by four Russian Federation Council members who presented a “parliamentary investigation” posthumously defaming Sergei Magnitsky as their main evidence against the legislation, Mikhail Margelov, Chairman of the Russian Federation Council’s Foreign Affairs Committee, disavowed the findings of their report saying they were not part of the parliamentary investigation.

“This was not a parliamentary investigation in the common sense of the word…Members of the Russian delegation summarized materials on Magnitsky case and submitted them to U.S. colleagues in the form of a short report. The main idea of this summary was to urge the U.S. side to move from political to legal aspects of the case of the lawyer,” said Mikhail Margelov.

On Wednesday, Russian Federation Council member Vitaly Malkin publicly communicated highly defamatory statements about late Sergei Magnitsky. He claimed that Magnitsky was a “drunk”, “out of shape” and that he didn’t die from his injuries after a severe beating. He referred to his findings as the result of an official “parliamentary investigation.”

Speaking to RBK news agency, Mr Margelov explained that the Russian lawmakers involved were acting in their personal capacity, and the parliamentary investigation was not approved by the Federation Council (the upper chamber of the Russian Parliament).

“In addition to the shameful attempt to posthumously defame Sergei Magnitsky, these Russian lawmakers even misrepresented the nature of their acts in U.S. Congress. They feel that there are no consequences to publicly misrepresenting the truth or even their own mandate to present this misinformation. It shows a complete disrespect for their counterparts outside of Russia,” said a Hermitage Capital representative.

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/

ICTJ In Focus July 2012 Issue 22

ICTJ In Focus July 2012 Issue 22

Russian Parliament Defames Magnitsky Posthumously to Fight Magnitsky Act in Washington

Press Release
Hermitage Capital

11 July 2012 – In an effort by Russian Federation Council members visiting Washington to fight against Magnitsky sanctions, the group handed a dossier to US Senators defaming Sergei Magnitsky posthumously and fully contradicting the conclusions of the Russian President’s Human Rights Council report on the Magnitsky case.

In their report, members of the Federation Council claimed that Magnitsky never discovered the theft of $230 million of taxes from the government. This is contradicted by four of his testimonies before and after his arrest (http://russian-untouchables.com/eng/testimonies) as well as President Medvedev’s own Human Rights Council report which referred to a state-sanctioned cover up of the theft (http://russian-untouchables.com/eng/civil-right-council).

The Russian Federation Council’s report also claimed that the wounds on Magnitsky’s body which were inflicted on the night he died, had nothing to do with his death on November 16th, 2009. This was contradicted by the President’s Human Rights Council and the Moscow Public Oversight Commission also which conducted an independent investigation into Magnitsky’s detention.

They further claimed that Magnitsky’s arrest was “legal” in spite of the fact that he was arrested by the very same officers who he had testified against on 5 June 2008 and 7 October 2008 (http://russian-untouchables.com/rus/docs/D423.pdf).

Finally, and most cynically, they claim that Magnitsky was a “drunk” and “out of shape.” They say these conditions led to his death. This was not true and contradicted by his widely known reputation as one of the most respected professionals in Moscow.

“In addition to prosecuting Magnitsky posthumously, these representatives of the Putin regime now want to defame him posthumously. Their moral compass is completely backward if they think this is going to sway the people who want justice for Sergei Magnitsky,” said a Hermitage Capital representative.

 

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/

Russian Government Facilitates Lobbying by Convicted Criminal Klyuev Against Magnitsky Sanctions at the OSCE Parliamentary Assembly in Monaco

Press Release

8 July 2012 – Dmitry Klyuev, convicted in 2006 for a $1.6 billion attempted fraud, and lawyer Andrey Pavlov, who were shown to be central to $800 million of successive frauds against the Russian treasury uncovered by the late Sergei Magnitsky, both attended the OSCE parliamentary assembly in Monaco today in order to lobby against the Magnitsky sanctions. Their participation was facilitated by members of the official Russian delegation.

In order to gain access to the OSCE parliamentary assembly facilities, two members of the Russian delegation gave their badges and escorted Klyuev and Pavlov to the OSCE Convention Center at the Grimaldi Forum in Monaco. The Russian officials helping Klyuev and Pavlov’s attendance at the OSCE assembly were Gleb Reshetnikov, secretary of the Russian delegation to the OSCE Parliamentary Assembly (gleb@duma.gov.ru), and Ilya Kostunov, a deputy of the Russian Duma (http://www.duma.gov.ru/structure/deputies/131106/).

Gleb Reshetnikov (L) and Ilya Kostunov (R) helped Klyuev gain access to the OSCE parliamentary assembly.

“It is remarkable that Russian officials would advocate for convicted felon and his partner shown to have stolen $800 million from Russian people and involved in crimes that Sergei Magnitsky discovered for the exposure of which he was killed,” said a Hermitage representative.

Russian Duma deputy Ilya Kostunov who assisted Klyuev and Pavlov in Monaco is a former activist of Nashi youth movement, which is an organisation involved in attacks on Russian opposition figures and foreign diplomats. Most recently, in June 2012, Ilya Kostunov initiated an attack on Alexei Navalny, a prominent Russian blogger, over his anti-corruption work.

The details of the serial $800 million thefts and role played by Klyuev, Pavlov and his associates were revealed last month in “The Magnitsky Files,” an 18-minute movie shown in Washington by U.S. Senator John McChain and Freedom House David Kramer, and which is now available on Youtube (http://www.youtube.com/watch?v=mL9b5LP4Ubc)/.)  Over 280,000 Russians have watched it in the first week since its release.  The movie shows a pattern of joint trips by Russian government officials, Klyuev and Pavlov to Dubai, United Kingdom, and Cyprus after various crimes were committed.

Summarising the links between Russian government officials, Klyuev and his associates, U.S. Senator John McCain called on President Obama to proscribe the Klyuev group as a “transnational criminal organisation” and introduce targeted economic sanctions.

“Public information, much of it uncovered by Mr. Magnitsky himself before his arrest in Russia in 2008, suggests that the Klyuev Group has colluded with senior Russian officials to engage in bribery, fraud, embezzlement, company thefts, and other serious financial crimes…Activities of the Klyuev Group appear to put the U.S. and international financial systems at serious risk of abuse,” said Senator McCain (http://www.scribd.com/doc/98337177/Untitled).

“I write to you today to request that you begin a process to determine whether to designate and impose sanctions, under the Executive Order 13581, against a dangerous transnational criminal organization known as the “Klyuev Group,” said Senator McCain in the letter.

Sergei Magnitsky, a 37-year old Russian lawyer who was investigating the money laundering by the KOCG, was falsely arrested, tortured and killed in police custody two and a half years ago. His killers have not been brought to justice in Russia.

The theatrics of swapping badges with the government officials for Klyuev and Pavlov to get access to the OSCE Parliamentary assembly was unnecessary. According to the communications director for OSCE PA Neil Simon:

“The annual session is open to the press and the public.”

 

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/

Press Contact for OSCE PA:

Neil Simon
Director of Communications
OSCE Parliamentary Assembly
+45 60 10 83 80
neil@oscepa.dk
www.oscepa.org