Special Features

Magnitsky’s Mother Asks Russian Press to Avoid Becoming an Accomplice in the Posthumous Trial of Her Son

Press Release
Hermitage Capital

27 March 2013 – Ahead of another day in the historic posthumous trial of Sergei Magnitsky in Moscow, Magnitsky’s mother has addressed the Russian press asking them to refrain from repeating false accusations that the state is making against her dead son. She called the trial today a “blasphemy” and “desecration of the memory of her son” organised in response to the Magnitsky Law passed in the United States.

“Those who do not understand the purpose of this trial, I want to clarify that the current government needs a court document, a judgment that my son was allegedly guilty of the crimes he was incriminated of while he was still alive. This document is necessary for the authorities to compromise my son, whose name is on the law passed against corrupt Russian officials involved in plundering the Russian budget, and in the reprisal against him for their exposure,” said Ms Magnitskaya.

Ms Magnitskaya emphasized that her son was detained and persecuted in retribution for exposing the large theft of budget money.

“Today you are not forced to repeat the false allegations composed by persons responsible for ensuring that they kept my son for a year as a hostage, trying to get from him testimony they wanted, and to make him withdraw his testimony about the theft of 5.4 billion rubles from the budget of our country, from pockets from all of us,” said Natalia Magnitskaya.

“Representatives of the media who today are repeating false accusations emanating from the court, from the police, investigators, and prosecutors, who tortured my son and had motive to wish his death, will become complicit in the ongoing blasphemy,” said the mother of Sergei Magnitsky.

Ms Magnitskaya said her son had repeatedly stated that the accusations against him would not hold up in a proper open trial and stressed that he vowed to bring those responsible for the falsification of his case materials to justice just three days before his death in custody.

“The last complaint from my son to the court was about the falsification of materials of his case. Sergei said that he would seek to bring to justice those responsible for fabricating case materials. This happened just three days before his death, on November 13, 2009. Now, one can only assume the role this complaint played in his death,” said Ms Magnitskaya.

Ms Magnitskaya said the posthumous trial is “an example of hypocrisy and lawlessness” of the Russian justice system.

Full text of statement from Ms. Magnitskaya follows:

“Due to the continuation in the Tverskoi Court of Moscow of the posthumous trial of my son, Sergei Magnitsky, I appeal to you not to allow yourself to get involved in the shameful campaign of posthumous desecration of his name, not to repeat the false accusations against him, and to demonstrate this way respect to his memory, and to the feelings of family and relatives.

Please bear in mind that this proceeding is an example of hypocrisy and lawlessness of modern [Russian] justice, and, of course, will go down in history as one of its most infamous pages. Those participating in this proceeding and those who are behind it, have scorned the universal notions of morality, flouted the opinion of the family of the deceased, and the opinion of independent legal and human rights organizations.

Those who do not understand the purpose of this trial, I want to clarify that the current government needs a court document, a judgment that my son was allegedly guilty of the crimes he was incriminated of while he was still alive. This document is necessary for the authorities to compromise my son, whose name is on the law passed against corrupt Russian officials involved in plundering the Russian budget, and in the reprisal against him for their exposure

Using this unlawful process, those who organized reprisal against my son, who deprived him of liberty, health and life, now want to take away his good name and discredit him posthumously, using the fact that Serge is dead and cannot answer their charges.

Representatives of the media who today are repeating false accusations emanating from the court, from the police, investigators, and prosecutors, who tortured my son and had motive to wish his death, will become complicit in the ongoing blasphemy.

The court proceeding in the Tverskoi District Court of Moscow is a desecration of the memory of my son, who was given an international award for the fight against corruption. Even while in prison, subjected to unbearable physical and psychological suffering and humiliation, he did not  make a deal with his conscience and stayed true to himself and his beliefs about honor, law and justice. In memory of his civil feat there is a permanent exhibition at the Museum of the Berlin Wall in Germany.

Sergey repeatedly stated that the charges against him relied on false accusations of tax crimes based on conclusions of interested experts who would not have been able to justify them in an open trial. All his requests for cross-examination of persons who gave false evidence against him were refused by investigators.

The last complaint from my son to the court was about the falsification of materials of his case. Sergei said that he would seek to bring to justice those responsible for fabricating case materials. This happened just three days before his death, on November 13, 2009. Now, one can only assume the role this complaint played in his death.

Today you are not forced to repeat the false allegations composed by persons responsible for ensuring that they kept my son for a year as a hostage, trying to get from him testimony they wanted, and to make him withdraw his testimony about the theft of 5.4 billion rubles from the budget of our country, from pockets from all of us.

If you want to report the news of this proceeding, do not give place to the formalism and lies in your reports, publish statements and complaints of my son, thankfully, they are available to the public on the website of his friends and colleagues “Stop the Untouchables” (http://russian-untouchables.com/rus/).”

For further information please contact:
Hermitage Capital
Phone:             +44 207 440 1777
Email:              info@lawandorderinrussia.org
Website:           http://lawandorderinrussia.org
Facebook:        http://on.fb.me/hvIuVI
Twitter:            @KatieFisher__
Livejournal:     //hermitagecap.livejournal.com/

War Crimes Prosecution Watch: Vol 7, Issue 26

pastedGraphic.pdf

 

Vol. 7, Issue 26 — March 25, 2013

 

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo

Kenya

Libya

Cote d’Ivoire (Ivory Coast)

AFRICA

International Criminal Tribunal for Rwanda

Special Court for Sierra Leone

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Syria

Bangladesh International Crimes Tribunal

NORTH AND SOUTH AMERICA

United States

South & Central America

Chile

Colombia

TOPICS

Terrorism

Piracy

Universal Jurisdiction

Gender-Based Violence

REPORTS

NGO Reports

TRUTH AND RECONCILIATION COMMISSIONS

Canada

Nepal

South Africa

COMMENTARY AND PERSPECTIVES

WORTH READING

The International Bar Association’s Human Rights Institute Calls on Russia to Cease the Posthumous Trial of Sergei Magnitsky

Press Release
Hermitage Capital

22 March 2013 – Ahead of another hearing in the trial of late Sergei Magnitsky in Moscow scheduled for today, the International Bar Association’s Human Rights Institute (IBAHRI) has called on Russia to cease the unprecedented posthumous trial of the whistle-blowing lawyer killed in Russian police custody more than three years ago (http://www.ibanet.org/Article/Detail.aspx?ArticleUid=7aeb5b74-e3a7-4164-b959-cdd0b648854a).

“The IBAHRI urges the Russian authorities to cease the posthumous criminal proceedings against Mr Magnitsky and to initiate a full and independent review of his treatment and death in prison,” said the International Bar Association’s Human Rights Institute.

The IBAHRI has challenged the posthumous trial as unlawful and breaching both domestic and international covenants. The organization said that the way the Russian authorities have opened the case against Mr Magnitsky posthumously is not consistent with the Russian Constitutional Court ruling, which did not give law enforcement agencies powers to prosecute people after their death.

“The Constitutional Court of the Russian Federation decision of 14 July 2011  (http://www.ksrf.ru/en/Decision/Judgments/Documents/2011%20July%2014%2016-P.pdf) does not give law enforcement agencies a basis to pursue or revive charges against a deceased person,” said IBAHRI in their statement.

The posthumous trial also breaches fundamental principles of law and human rights, said IBAHRI referring to the International Covenant on Civil and Political Rights.

“The rights to choose counsel, prepare a defence case, and be present at one’s trial are enshrined in Article 14(3) of the International Covenant on Civil and Political Rights (ICCPR). The rights to defence and to a fair trial cannot be exercised by a deceased accused person,” said IBA’s Human Rights Institute.

“The IBA’s Human Rights Institute, along with other human rights organizations, come to the same conclusion that it can’t be right and there is no lawful basis to put a dead man on trial. The posthumous proceedings is the new definition of Russia’s “legal nihilism,” said a Hermitage Capital spokesperson.

One of the leading international organizations promoting human rights and rule of law, IBAHRI has also called for a full review of Mr Magnitsky’s treatment and death in prison noting that his own appeals to justice while he was alive had “no apparent effect.”

“Russian courts were made aware of the manner in which Magnitsky was investigated, and the conditions of his detention, in great detail by Magnitsky himself while he was still alive, with no apparent effect,” said IBAHRI.

The IBAHRI statement was released just a day before the Russian Investigative Committee announced this week that it had closed the three-year long investigation into the death of Sergei Magnitsky due to “no event of crime” (http://www.sledcom.ru/actual/287357/).

For further information please contact:

Hermitage Capital
Phone:             +44 207 440 1777
Email:              info@lawandorderinrussia.org
Website:           http://lawandorderinrussia.org
Facebook:        http://on.fb.me/hvIuVI
Twitter:            @KatieFisher__
Livejournal:     //hermitagecap.livejournal.com/