|
|||||||||
|
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
https://twitter.com/Billbrowder?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor
Global Centre for the Responsibility to Protect: Atrocity Alert: Iraq, DRC, Nigeria
Atrocity Alert, No. 5 No Images? Click here
Atrocity Alert is a weekly publication by the Global Centre for the Responsibility to Protect highlighting and updating situations where populations are at risk of, or are enduring, mass atrocity crimes.
UNHCR Photos
Iraq
On 17 May the Islamic State of Iraq and the Levant (ISIL) killed at least 77 people in three suicide bombings in Baghdad. This follows several bombings by ISIL in the Iraqi capital last week, killing at least 100 people around mainly Shia areas of the city, making these the deadliest series of sectarian attacks this year. The attacks are intensifying tensions, including among rival Shia armed groups, putting civilians at a greater risk of mass atrocities.
Democratic Republic of the Congo (DRC)
Amidst reports of violent repression of opposition supporters, the constitutional court in the DRC ruled on 11 May that President Joseph Kabila may stay in office beyond the end of his term in December if the country is unable to hold elections this year. As political tensions in Kinshasa grow, armed groups in the eastern DRC continue to perpetrate atrocities against populations. Allegations have emerged that officers within the Congolese army aided and/or abetted in massacres committed by the Allied Democratic Forces and other armed groups in Beni, North Kivu.
UN Photo/Clara Padovan
UN Photos
Nigeria
On 17 May in Nigeria’s Sambisa Forest a vigilante group – the Civilian Joint Task Force – reportedly rescued one of the more than 200 girls kidnapped by Boko Haram from a school in Chibok more than two years ago. This was the first Chibok girl to be rescued, but hundreds of other children abducted by Boko Haram from schools in Chibok, Damasak and other areas remain missing and the government has been unable to liberate them. Last month UNICEF reported that one in five suicide bombers used by Boko Haram is a child, including girls abducted by the group. It is imperative that the government strengthen efforts to rescue remaining abductees.
In case you missed it:
On 15 May the Global Centre published Issue 27 of R2P Monitor, featuring the crises in Syria, Iraq, Yemen, Sudan, Burma/Myanmar, Democratic Republic of the Congo, Nigeria, Burundi, Israel and the Occupied Palestinian Territories, Central African Republic and South Sudan.
Syria Justice and Accountability Centre:Asset recovery and repatriation: Could the impossible solution be just the right fit for the impossible conflict?
For a simple overview of the conflict, a casual reader can turn to Wikipedia’s entry for the “Syrian Civil War,” which has no less than 860 footnotes. An advanced reader might turn to the myriad of reports produced by international human rights and Syrian civil society organizations, including the Syria Justice and Accountability Centre, to learn detailed information about the record of violations that have occurred since the start of the conflict.
This record of abuses will be critical in assessing justice and remedy mechanisms for the survivors. And there are a lot of survivors to consider — estimates of up to 470,000 people killed, half the population displaced, and an unfathomable 4 million plus refugees as of July last year. Reparations processes for survivors, and the country as a whole, must be as robust, widespread, and multidimensional as the conflict itself, and, to be effective, will need to prominently include the active participation of victims, the families of the slain, and the survivors of trauma. In particular, women, who have largely been absent from peace negotiations, must be actively involved.
Funding such a robust and inclusive reparations in post-conflict Syria will be problematic, however. This is where one of the most complicated wars in modern history meets its match in a politically, legally, and socially complex area of remedy: stolen asset recovery and repatriation. Despite the complexities, Syrians, having survived a domestic uprising and the military interventions of dozens of states, could be up for the challenge.
Recognized as “one of the most complex projects in the field of law,” international asset recovery includes the tracing, freezing, confiscation, and repatriation of illegally obtained proceeds located in foreign jurisdictions. The history of stolen asset recovery and repatriation is not simple. It takes significant political will to reach the point of identifying and freezing the assets of political leaders and their associates in foreign countries. And freezing assets is only the beginning of a contorted series of legal and political confrontations to determine to whom the assets rightfully belong, how to distribute and allocate the funds, and who gets to decide. These questions will turn on interpretations of Syrian law, as well as international law and the laws of the jurisdictions where the assets are found.
While Switzerland, the European Union, and the United States announced asset freezes of accounts held by the Assad family and associates in 2011 and 2012, many commentators opined that the total amount frozen (£100 million in the United Kingdom, $78 million in the United States, and 70 million Swiss Francs) is likely a very small proportion of the assets abroad, most of which are presumed to be concealed in jurisdictions less likely to identify and freeze accounts, such as Russia, Hong Kong, or other states in the Middle East/North Africa region.
Even within the small portion of wealth that has already been frozen, arguments are already surfacing with regard to its legal and rightful ownership, with both the government and opposition making claims over the assets. Even non-Syrians may have legal claims over the funds. For instance, lawyers representing the family of Steven Sotloff, an American journalist beheaded by the Islamic State of Iraq and al Sham (ISIS), have filed a civil suit against the Syrian government and may be eligible to recoup a fraction of the frozen assets if the court finds in the family’s favor and the Syrian government refuses to pay damages.
The World Bank’s Arab Forum on Asset Recovery, a 2012 initiative to support asset recovery by Arab countries in transition, is now entering its fifth year, but it has not yet proven particularly successful in wading through the competing legal perspectives of the “home” and “host” states, nor the political discord that accompanies these differences in views.
The one bright spot in this otherwise entangled dynamic is the increasingly useful and relevant role of civil society’s participation in conversations about how to identify public assets as such and return them to their true beneficiaries — the people. Given the extraordinary international attention on Syria, domestic civil society, with support from colleagues and allies in “host” countries as well as in other countries that have relevant experiences to share (such as Kazakhstan, Nigeria, Angola, Equatorial Guinea or Ukraine), could play a very prominent role in leading the conversation about the possibilities for open, clear adjudication of disputes over the assets and their disposition.
If there is any silver lining to the horribly grey clouds that have hovered over Syria for the past several years, it might be that there is both international space for Syrian civil society to be heard, and that such space might actually prove useful as a starting point for citizen-government dialogue. Starting with even a relatively tiny fraction of Syria’s resources — a mere few hundred million USD — has untold potential not only for providing remedy to those devastated by the violence and for rebuilding key support systems but also for building trust, stable governance, and the equitable distribution of resources.
Despite the political obstacles, isn’t it at least worth a shot?
Erica Razook sits on SJAC’s Board of Directors and is a Syrian-Lebanese American anti-corruption lawyer and certified fraud examiner living in New York. She participated in the 2014 Arab Forum on Asset Recovery and supported civil society efforts to repatriate stolen assets to Equatorial Guinea, Nigeria, and Ukraine in her former role at the Open Society Foundations, including coordination of the civil society-led event on the topic at the 2015 UN Financing for Development Conference in Addis Ababa.
For more information and to provide feedback, please contact SJAC at info@syriaaccountability.org.
Syrian Network for Human Rights: We condemn the participation of the Iranian Regime in the International Syrian Support Group (ISSG) meeting
|
||||||
|







