Special Features

ICTJ In Focus June 2012 Issue 21

ICTJ In Focus June 2012 Issue 21

Senator McCain Calls Upon President Obama to Apply Aggressive New Sanctions Designed to Combat Terrorism to the Russian Organized Crime Group Who Murdered Sergei Magnitsky

Press Release
Hermitage Capital

26 June 2012 – Today U.S. Senator John McCain called on President Obama to invoke Executive Order 13581 against the Klyuev Organized Crime Group in Russia connected to the murder of whistle-blowing lawyer Sergei Magnitsky. Executive Order 13581 was signed by President Obama in July last year and allows the President to “proscribe” organized crime groups using the same tools that the US Government currently uses against terrorist organizations.

“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.

“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.

Designating the Klyuev Organized Crime Group (“KOCG”) as a significant criminal organisation posing a US national security threat means that all assets and property of any member of the KOCG will be blocked, and no US person is allowed to do business with them, or with anyone who does business with them anywhere in the world.

According to independent investigations, the KOCG is a major Russian criminal organization that has been involved in fraud, murder, international money laundering, as well as financing and supplies to the Mexican Sinaloa drug cartel and weapons trafficking involving North Korea and Iran (http://www.canberratimes.com.au/national/inside-the-shell-drugs-arms-and-tax-scams-20110514-1enkz.html).

In spite of numerous filings with Russian law enforcement agencies, the KOCG’s operations continue within Russia unrestrained which lead to the group being referred to as the “untouchables”.

The KOCG came to prominence when they were exposed for stealing $230 million from the Russian treasury and torturing and then killing anti-corruption lawyer Sergei Magnitsky.

The KOCG involves members of the criminal gangs from former Soviet Union, ranking members of the Russian secret service, police, judges, and tax officials, and has international connections to illicit networks and shell companies in Panama, Moldova, Cyprus, Latvia, Switzerland, UK, and New Zealand.

According to a new investigative video, “The Magnitsky Files” and filings in various jurisdictions, the Klyuev Group is extremely powerful and has embezzled and laundered around $800 million through the international banking system and is reported to be responsible for violent crimes, kidnapping, extortion and deaths.

The significance of proscribing the KOCG is that anyone lending any type of support or assistance or financing to it will be subject to the same kind of U.S. sanctions.

“Basically, applying this executive order to the Klyuev crime group would put them in the same category as Al-Qaeda. It is an extremely strong measure and will seriously curtail their criminal business,” said a Hermitage Capital spokesman.

Senator John McCain has requested President Obama to use the presidential powers under the Executive Order 13581 which is designed specifically to curtail the activities of significant criminal organisations whose operations are inter-twined with foreign governments.

“Such organizations are becoming increasingly sophisticated and dangerous to the United States; they are increasingly entrenched in the operations of foreign governments and the international financial system, thereby weakening democratic institutions, degrading the rule of law, and undermining economic markets,” says the U.S President’s Executive Order Executive Order 13581.

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 Executive Order 13581 was signed by U.S. President Barak Obama on July 24, 2011 to address “the activities of significant transnational criminal organizations” posing national threat.

The term “significant transnational criminal organization” means a group of persons, that

  1. includes one or more foreign persons;
  2. engages in an ongoing pattern of serious criminal activity involving the jurisdictions of at least two foreign states; and
  3. threatens the national security, foreign policy, or economy of the United States.

 

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/

Notes From India: Rural Health Care Facilities

Courtney Schuster
Special Contributor, Blog Entry #3

My most recent adventure was being assigned to a fact-finding team that was given the assignment of inspecting rural health facilities.    We were sent to the very rural, and very poor state of Bihar to examine how health facilities complied with the National Rural Health Mission (NRHM) standards.  The federal government instituted the NRHM in 2006.  It set the standards for care and operations at government health facilities.  Additionally, it established dozens of requirements for health facilities including: the number of staff that should be at a facility at any given time; drugs that should be present; the number of beds each facility should have; and basic medical hygiene that should be provided.

The fact-finding team spent a week in Bihar traveling to five districts and looking at twenty-five different health facilities.  The medical equipment and beds that these facilities had were mostly old and very rusted.  In every single facility we visited, there were numerous concerns that went far beyond the superficial issues like rusting bed frames.

The beds of the women's ward, where patients go after giving birth.

First, every facility had a layer of dirt on the floor.  Government facilities cannot afford to have air conditioning so they depend on windows and fans to cool the place.  Unfortunately, open doors and windows also mean that the dust and dirt get in and covers every surface.  There are no regular cleaning staff employed at any of the facilities, save the few large district hospitals; and even in those, the method of cleaning is simply sweeping with a grass broom, which is ineffective and unsanitary.

Second, poor cleanliness of supplies, bedding, and buildings is prevalent.  In every room, of every facility, the floors, and often times walls, were covered in old blood stains.  Sheets were also old and stained.  There were beds and operating tables without any sheets at all.  Medical supplies were not sterilized between uses.  Many of the larger health facilities had running water but none had the means to heat water or an autoclave.  A majority of the facilities we saw in rural areas did not even have running water.

A delivery room, in the yellow bucket is medical waste from a delivery a few hours earlier.

Third, unsafe medical waste disposal and poor garbage disposal was the norm.  Inside the facilities, used medical supplies littered the floors.  Medical waste, including blood and fluids, from births and operations were not disposed of in a proper or timely manner.  Most facilities threw delivery fluids, like after birth and the placenta, out the window.  At one center, a birth had taken place five hours before our arrival.  As we began our tour, that delivery room was still waiting to be cleaned.

The perimeter of each facility was much worse.  Every one we visited had garbage covering the lawns.  There were water drainage ditches outside buildings full of garbage, medical waste, and sometimes even human waste.  The more rural and remote health facilities had animal feces from cattle, goats, and sheep on the ground outside and on the steps leading into the building.   Old vials, used needles, blood soaked material, used gloves, and plastic packaging were littered everywhere.  Many facilities had people, including children, waiting outside right next to the medical waste.

Medical waste is tossed into an old cooler sitting outside one of the medical facilities.

I left Bihar stunned and dismayed at the unsanitary conditions and poor management of every health facility we visited.  None of them were consistent with the NRHM standards and it became clear to me why India continue to struggles with high maternal mortality rates.

 

Courtney Schuster is a third-year student at Syracuse University College of Law.  She is currently working as an intern in India for the summer.  She will be contributing personal blog entries throughout her internship, documenting the challenges of solving human rights issues in international settings.  

US Religious Groups Call on the U.S. Congress to Impose Magnitsky Sanctions

Press Release
Hermitage Capital

18 June 2012 – A number of US religious organizations from different denominations have called on the U.S. Congress to pass the Magnitsky Act. The leaders of nine US religious organisations have written to members of Congress urging the swift passage of the Magnitsky Act in its current form. In their letter, they point out that the Magnitsky Act gives the United States an important and effective policy tool to address serious human rights abuses around the world.

“It is one thing to talk about the human rights and religious freedoms and quite another to actually do something about it. Because of the well thought out terms of this legislation, we believe that this bill will become an effective lever that the United States will have in dealing with this pernicious and growing problem of human rights abuses around the world,” said the religious groups in their joint letter.

“Magnitsky’s sacrifice will hopefully lead to an important and new method for fighting human rights abuses which could have a dramatic effect everywhere,” said the letter.

The letter is signed by religious groups of various faiths and denominations, including the Action for Post-Soviet Jewry, the Union of Councils for Jews in the former Soviet Union, American Islamic Congress, Hindu American Foundation, International Institute for Religious Freedom, Church of Scientology, United Macedonian Diaspora, Partners for a Progressive Israel, and Human Rights Law Foundation, as well as prominent figures in the field of religious freedom.

“As representatives of a wide number of religions and faiths across the United States, we do everything possible to make sure that all people can practice their faith around the world without restriction or interference. For this reason, we strongly support the passage of the ‘Sergei Magnitsky Rule of Law Accountability Act’,” says the letter.

Under the Magnitsky Act currently in front of the U.S. Congress, visa bans and asset freezes will be imposed on those involved in the torture of 37-year old whistle-blowing lawyer and the corruption he had uncovered in Russia, as well on those who kill, torture and otherwise repress the defenders of freedoms of religion, expression, association and assembly and of the right to a fair trial and democratic elections.

“Coming to America is a privilege and not a right, and when foreign officials are involved in torture, murder, restrictions of religious freedom or other human rights abuses, they should have that privilege taken away. We believe that this law would not only create an effective punishment for people who have violated human rights, but also a powerful deterrent for people not to do these things in the future,” says the religious freedom activists.

“As discussions on the Magnitsky bill progress in the U.S. Congress, we are seeing more and more outpouring of support for this legislation inspired by the courage and dignity of a young Russian man who gave his life for his belief in truth and justice,” 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/