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Global Centre for the Responsibility to Protect: “When the Security Council fails, the United Nations fails”
“When the Security Council fails, the United Nations fails,” video message from The Elders, Amnesty International and the Global Centre for the Responsibility to Protect |
In advance of the World Humanitarian Summit next week, the Global Centre for the Responsibility to Protect collaborated with The Elders and Amnesty International on a video message calling upon the UN Security Council to take action to prevent and halt mass atrocities by agreeing to voluntarily restrain from using their veto and adopting a Code of Conduct. The message features interviews with members of The Elders – including Jimmy Carter, Kofi Annan and Mary Robinson – as well as Secretary-General of Amnesty International, Salil Shetty, and Executive Director of the Global Centre for the Responsibility to Protect, Simon Adams. On 24 May, Dr. Adams will moderate a high-level event organized by the Foreign Minister of Liechtenstein on the sidelines of the World Humanitarian Summit on “Security Council action in the service of humanity:implementing the commitment to prevent or end genocide, crimes against humanity and war crimes.” |
Note for editors: The video features Kofi Annan, Chair of The Elders; Jimmy Carter, Elder and former President of the United States; Salil Shetty, Secretary-General of Amnesty International; Simon Adams, Director of the Global Centre for the Responsibility to Protect; Mary Robinson, Elder and former UN High Commissioner for Human Rights; Martti Ahtisaari, Elder and former President of Finland; and Hina Jilani, Elder and Pakistani human rights advocate. |
Justice for Sergei Magnitsky: Statement in Response to Representative Dana Rohrabacher’s Remarks at the House Foreign Affairs Committee Mark-up on Global Magnitsky
19 May 2016 – On 18 May 2016, the U.S. House Foreign Relations Committee passed the Global Magnitsky bill, which creates consequences for corrupt officials and human rights abusers around the world in the form of visa bans and asset freezes.
During the mark-up of the bill, Congressman Dana Rohrabacher, from Orange County, California, proposed an amendment to exclude Magnitsky’s name from the title of the bill. To justify his amendment, Congressman Rohrabacher referred to a “confusing situation” and “serious questions” that “Magnitsky was being held [in Russian detention] because the Russian Government knew that there was $230 million of tax liability that they did not have the funds, that Mr Browder, that was his tax liability.”
Congressman Rohrabacher’s remarks imply that Hermitage did not pay the US$230 million in taxes to the Russian government, and the Russian government was concerned about recovering these funds from the start. These claims are wrong, and are contradicted by the facts and publicly available documents, including:
(i) Documentary evidence that the US$230 million in taxes had been paid by the Hermitage Fund’s Russian companies to the Russian government in 2006,
ii) Documentary evidence that those US$230 million were stolen a year later through a massive fraud perpetrated by a Russian criminal organisation comprising Russian officials, who stole Hermitage companies and then approved in one day the wire transfers of US$230 million away from the Russian treasury to accounts opened by known Russian criminals to a bank owned by a convicted Russian criminal;
(iii) Documentary evidence that Russian authorities ignored Hermitage’s original reports and complaints about the US$230 million fraud,
(iv) Documentary evidence that the Russian authorities did not look for the stolen money, and instead organised retaliatory criminal cases against Hermitage’s Russian lawyers including Sergei Magnitsky.
The facts of the US$230 million fraud abetted by Russian officials are described in contemporaneous complaintsfiled by Hermitage, as well as in testimonies given by Sergey Magnitsky naming the perpetrators, bank statements provided by whistleblower Alexander Perepilichnyy showing the acquisition of multi-million dollar properties and cash going to accounts of and for the benefit of Russian officials involved with the US$230 million fraud, millions of dollars in assets and lavish lifestyles of Russian officials implicated in Magnitsky’s testimony for their role in the US$230 million fraud, and, most recently, the Panama Papers’ leak showing some of the stolenUS$230 million reaching the corporate account of Sergei Roldugin, a close friend of Russian President Vladimir Putin.
Congressman Rohrabacher’s remarks are also contradicted by findings of independent authoritative bodies, including the Council of Europe, who conducted a year-long independent investigation of the Magnitsky case, and summarized its conclusions in a detailed report adopted in January 2014, called “Refusing Impunity for the Killers of Sergei Magnitsky.” The reportfound the existence in Russia of a “massive cover-up involving senior officials of the competent ministries, the Prosecutor General’s Office, the Investigative Committee and even certain courts” and urged that “the cover-up must be reversed and the true culprits must be held to account.”
In support of his remarks against Browder, Congressman Rohrabacher brought up two articles which presented attacks on Browder by the legal defense team of Denis Katsyv, the son of a Russian official, who is unsuccessfully trying to appeal a US court order and unfreeze US$14 million of his assets seized under the USGovernment’s money laundering and civil forfeiture action in relation to the Magnitsky case. The U.S. Department of Justice has described Katsyv’s allegations in relation to William Browder as “false,”“wild”, and “untrue,” and his conduct — as “egregious” and “inexcusable.”
Congressman Rohrabacher also criticized Browder for threatening legal action against NBC. The story he is referring to was an attempt by NBC’s reporter Ken Dilanian to repeat allegations from Katsyv’s team that Sergei Magnitsky wasn’t beaten in custody and was never a whistle-blower. Both claims were in contradiction to publicly available evidence from the Russian Government. Prominent Russian human rights defenders, Ludmila Alexeeva and Valery Borschev, who personally investigated the Magnitsky case, spoke out against Ken Dilanian’s attempt to misrepresent key facts about the Magnitsky’s case in public statements and in an open letter to NBCUniversal CEO Steve Burke. Ken Dilanian had previously allowed his sources to influence or write his content.
After Rohrabacher’s intervention, the House Foreign Affairs Committee subsequently voted to reject his amendment and passed the Global Magnitsky bill, which will now be up for a vote on the House floor. The date of the vote is not known yet.
The Global Magnitsky bill is named after Sergei Magnitsky, Hermitage’s lawyer who in 2007 – 2008 uncovered a massive fraud perpetrated by Russian officials and organised criminals to steal US$230 million that the three companies of the Hermitage Fund had paid to the Russian government in profit tax a year before, in 2006. Sergei Magnitsky testified about the fraud, named officials involved, was then arrested by implicated officials, kept in custody without trial for 358 days in torturous conditions, denied family visits and medical care, and was killed on 16 November 2009 at the age of 37, leaving a mother, a wife and two children.
In 2010, Sergei Magnitsky was posthumously awarded by Transparency International, a global anti-corruption organisation, with ‘Integrity Award’ in recognition of his stance against Russian corruption and official abuse.
For more information, please contact:
Justice for Sergei Magnitsky
e-mail: info@lawandorderinrussia.org
ICTJ: Debate Continues: Is Remembrance about Rights or Ideology?
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Justice for Sergei Magnitsky: Senators Cardin and McCain Call for a Swift Passage of Global Magnitsky After Clearing the House Foreign Affairs Committee
19 May 2016 – Following yesterday’s approval of the Global Magnitsky Human Rights bill by the House Foreign Affairs Committee, Senators Cardin and McCain called on the House speaker to swiftly bring it to a vote.
“For too long in too many countries, perpetrators of human rights violations and grand corruption have not been held to account for their crimes and yet continue to enjoy travel and financial privileges in the United States. With today’s House Foreign Affairs Committee passage of the Global Magnitsky Human Rights and Accountability Act, we are one step closer to preventing such impunity, — said Senators Ben Cardin and John McCain in a joint statement. — We …call on Speaker Ryan to ensure a full House vote on Global Magnitsky without delay.”
Cardin and McCain, the two original co-sponsors of the Global Magnitsky bill, spoke about the importance ofSergei Magnitsky’s legacy.
“The bill is named for Sergei Magnitsky, who has the unfortunate distinction of serving as a prime example of the corrupt, horrific crimes that befall countless innocent people worldwide. Mr. Magnitsky lost his life for simply doing his job and trying to do the right thing when he discovered widespread fraud and abuse of power in Russia. Just like Magnitsky, human rights defenders are victimized and stigmatized around the globe,” said senators Cardin and McCain.
The House Foreign Affairs Committee rejected an amendment proposed by 68-year old Congressman Dana Rohrabacher seeking to remove the name of Magnitsky from the Global Human Rights bill. To justify his amendment, Congressman Rohrabacher claimed he could not figure out who stole US$230 million from the Russian budget – Sergei Magnitsky or Russian officials. This is despite the fact that the money has been found in the accounts of Russian officials and their families and most recently, through the Panama Papers, on account of Sergei Roldugin, a close friend of Russian President Vladimir Putin.
Other Congressmen firmly rejected Congressman Rohrabacher’s amendment describing it as an unacceptable attempt to “rewrite history.”
Congressman Connolly said that it was important to call out behaviour of President Putin which did not adhere to international norms, “whether in Crimea or in a prison cell.”
Russian veteran human rights defender Ludmila Alexeeva, chair of the Moscow Helsinki Group, sent a message to members of the House Foreign Affairs Committee ahead of the mark up, stating:
“Congressman Dana Rohrabacher has been fooled by the Russian disinformation, and has argued that the name of Sergei Magnitsky be dropped from the Global Magnitsky Human Rights Bill. To do this would be a gross betrayal of the human rights movement, and of the legacy of Sergei Magnitsky who had stoically sacrificed his life in confronting corruption and official abuse in Russia. … To remove his name from the Global Magnitsky Human Rights bill would be a sellout of victims of oppression and abuse everywhere around the world, whom Serge Magnitsky has given hope, and of the principles of integrity he had paid with his life.”
During the mark-up, congressman Engel said the Global Magnitsky bill would show to all that human rights abuse and corruption cannot go on with impunity:
“This legislation would send a powerful message that human-rights abusers and corruption aren’t just internal matters. They are the concern of all countries, and they should not be permitted to go on with impunity.”
On the eve of the Global Magnitsky bill’s mark-up, Russian authorities announced a new criminal case against Alexei Navalny, the Russian anti-corruption activist and Magnitsky sanctions supporter. The new case was opened in response to a complaint from ex police officer Pavel Karpov, who has been sanctioned by the US and the European Parliament for his role in Magnitsky case.
Last month, the Russian authorities also announced another criminal probe opened on another spurious application of Pavel Karpov against Alexei Navalny and William Browder for murder of Sergei Magnitsky in Russian police custody, as part of a CIA plan.
“The reason for the most recent attack on civil society leaders and outburst of the Russian disinformation on the Magnitsky case is the fear of corrupt Russian officials to not be able to enjoy the fruits of their corruption in the West as a result of Magnitsky sanctions. To fight the Magnitsky sanctions, they use fabricated criminal cases, and disinformation both inside the country and in the West. Russian civil society leaders and independent media have been almost completely shut down, while the Russian population is fed a diet of myths and disinformation,”said William Browder, a leader of the global justice for Sergei Magnitsky movement and author of “Red Notice: How I Became Putin’s No 1 Enemy.”
Sergei Magnitsky, who exposed the theft of US$230 million from the Russian budget and gave testimony implicating government officials, was arrested and killed in Moscow detention center in November 2009. Those responsible for his death and those he exposed for the US$230 million theft have not been brought to justice.
Global Magnitsky Human Rights Accountability Act passed the U.S. Senate vote in December 2015.
For more information, please contact
Justice for Sergei Magnitsky
+44 207 440 1777
e-mail: info@lawandorderinrussia.org
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