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Syria Justice and Accountability Centre: Planning for Post-Conflict Governance in Raqqa
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Court Decision Could Allow Early Release of Human Rights Criminals
By: Max Cohen
Impunity Watch Reporter, South America
BUENOS AIRES, Argentina – On May 3, the Argentinian Supreme Court rendered a decision allowing Luis Muina, convicted of human rights abuses, to have his sentence reduced. The decision was based on an Argentinian law, known as the “2×1″ law, which mandates that, after an initial two years, every day that a person spends in pretrial detention counts as two as part of the overall sentence. The court found that, under the “most favorable law” legal principle, which dictates that defendants should benefit from laws which would lessen their sentences, that it should apply to him retroactively.
In the week that followed there were protests in Argentina, as many reportedly feared that the decision would free other human rights criminals. However, the country’s Congress quickly responded to the decision by passing a law rescinding the 2×1 law’s protections for those who had committed human rights abuses during the country’s military dictatorship from 1976-1983. Currently there are 350 former military officers who could have potentially benefitted if the decision is allowed to stand.
Critics point to the Court’s decision as an example of how Argentine President Mauricio Macri’s government has toned down its efforts to seek justice for the atrocities committed during the dictatorship. It should be noted that two of the justices who ruled in favor of the decision were appointed by President Macri.
Whether the Argentine government’s solution will work is set to be tested within the next month as their Supreme Court is set to issue decisions on other cases involving human rights criminals.
For more information, please see:
New York Daily News – Argentines unite against law helping human rights abusers – 10 May, 2017
New York Times – Argentines Fight Court’s Leniency for Human Rights Crimes – 13 May, 2017
Human Rights Watch – Making Sense of Argentina’s Ruling on Dictatorship-Era Crimes – 15 May, 2017
International Center for Transitional Justice: In Focus
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ICTJ World Report May 2017 |
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Law and Order in Russia: Nikolai Gorokhov Returns to Moscow Court After Four-Story Plunge to Release New Evidence on Magnitsky’s Death Cover Up
Nikolai Gorokhov Returns to Moscow Court After Four-Story Plunge to Release New Evidence on Magnitsky’s Death Cover Up
24 May 2017 – Today at 3pm the Moscow Basmanny court will hear a complaint filed by Nikolai Gorokhov, the lawyer representing Sergei Magnitsky’s mother about new evidence of an official cover up of Sergei Magnitsky’s death in custody.
The previous court hearing which had been scheduled for 24 March 2017 in which Mr Gorokhov intended to present this evidence could not go ahead because Mr Gorokhov plunged four stories from his apartment in circumstances which many believe were intended to stop his activities.
The complaint filed by Mr Gorokhov alleges that an official cover up of Sergei Magnitsky’s death was orchestrated by the Russian investigator Strizhov, who closed the Magnitsky death case claiming there was “no crime,” despite injuries on Magnitsky’s body.
The new evidence submitted by Mr Gorokhov shows that investigator Strizhov worked closely with key suspects implicated by Sergei Magnitsky in the US$230 million fraud, while purportedly investigating them.
The new evidence comprises WhatsApp conversations and emails from the so-called “Pavlov Leaks” published on the Internet. The key conversations are between Andrei Pavlov, a key member of the Kluyev organized crime group, and his long-term associate, former Russian Interior Ministry investigator Oleg Urzhumtsev.
The Pavlov Leaks show that there were agreements between investigator Strizhov and members of the Klyuev group one month before investigator Strizhov exonerated Pavlov, Interior Ministry officer Urzhumtsev and other criminal group associates from liability for the US$230 mln theft and its cover up.
Mr Gorokhov filed a complaint against the refusal by the Russian Investigative Committee to investigate the new evidence of abuse of office by investigator Strizhov in Magnitsky’s death investigation.
The complaint will be heard today by judge Safina of Basmanny district court at 3 pm.
For more information, please contact:
Justice for Sergei Magnitsky
+44 207 440 1777
e-mail: info@lawandorderinrussia.org




