Magnitsky Family Blasts the Green Party in the European Parliament for Hosting Premiere of a False and Offensive Film about Sergei Magnitsky by Andrei Nekrasov
27 April 2016 – The widow and mother of Sergei Magnitsky have written to the Green/EFA faction in the European Parliament (see their letter) protesting the premiere of a new false, offensive and defamatory film by Russian filmmaker Andrei Nekrasov about their murdered husband and son. The premiere will take place this afternoon at 5:30 pm at the European Parliament.
The premiere is sponsored at the European Parliament by the Greens/EFA Group, and hosted by Heidi Hautala, Finnish MEP, Vice President of the Green/EFA Group, who was reported in the Finnish press to be filmmaker Andrei Nekrasov’s girlfriend.
The Magnitsky family expressed their indignation in the letter about this new attempt to blacken Sergei Magnitsky’s name. They view this film as promoting the interests of those who Sergei Magnitsky exposed and who are afraid of the truth he had uncovered.
“This film has been made in the interest of those who are scared of the truth uncovered by Sergei Magnitsky, – said Sergei Magnitsky’s mother and widow. – “By this letter the family of Sergei Magnitsky state their highly negative reaction to this film and protest against unconscionable attempts to blacken Sergei Magnitsky’s name. We are categorically against public viewing of the Andrei Nekrasov’s film, against its distribution in any form.”
The letter from the Magnitsky family states that the film contains false information and lies about Sergei Magnitsky. They are categorically against any showing or distribution of this film, including and especially at the European Parliament.
“We believe that the film by Andrei Nekrasov, based on his inventions, and not on documents and facts, is degrading to the dignity of Sergei Magnitsky, degrading to the deceased, who cannot defend himself,” says the letter from the Magnitsky family.
The film by Andrei Nekrasov and producer Torstein Grude of Piraya Films (Norway) is designed to perpetuate a Russian government disinformation campaign about the Magnitsky case for a Western audience. The film claims that Sergei Magnitsky was not beaten in custody, was not a lawyer, did not testify against Russian officials, did not investigate the US$230 million fraud, but instead committed it himself.
These false claims are contradicted by numerous documents. In particular, the claim that he wasn’t beaten is refuted by the photos of his injuries from the state autopsy; his death certificate stating he had a suspected cerebrial cranial injury; certificates from the detention center where he died recording the application of rubber batons; the Russian state forensic opinion finding that Sergei Magnitsky’s injuries were consistent with blunt force trauma.
Magnitsky’s profession as a lawyer is demonstrated by his role in representing his multiple clients in court, providing them legal advice, and his own testimony identifying himself as a lawyer.
The fact that Sergei Magnitsky’s testified against police officers is proven by his testimony from 5 June 2008 in which he described the theft of Hermitage’s companies and fraudulent claims against them, mentioning police officer Kuznetsov 14 times and police officer Karpov 13 times, his 7 October 2008 testimony in which he confirmed his 5 June 2008 testimony and testified that the same group who stole Hermitage’s companies stoleUS$230 mln from the Russian budget.
The claim that Sergei Magnitsky stole US$230 mln is refuted by the discovery of the illicit proceeds from the fraud on accounts connected to the Russian officials and members of their families; the joint travel of the criminals and Russian government officials involved in the fraud; the fact that Magnitsky helped Hermitage report the crime three weeks before the criminals applied for the fraudulent tax refund, and the fact that the same criminal organisation did similar crimes before and after.
The false and defamatory allegations about Sergei Magnitsky that Nekrasov tries to make have been refuted in the past by independent international institutions including the Council of Europe, the EU Parliament, the USState Department and many others who have studied the case in detail. Furthermore, the allegations in the film are also contradicted by the Russian government’s own evidence, court records, and expert conclusions.
In Sergei Magnitsky’s own hand-written statement, 4 days before his death, on 12 November 2009, he wrote:
“By now it has been a year that I am being held hostage in prison in the interests of the persons, who are interested to ensure that those actually guilty in the theft of 5.4 billion rubles [US$230 million] from the budget will never be brought to justice. … Investigator Silchenko does not want to identify the other persons, who made this fraud possible. He wants the lawyers of the Hermitage Fund, who pursued and continue to pursue attempts for this case be investigated, be forced to emigrate from their country, in which criminal cases were fabricated against them on phony grounds, or like me be detained in custody.
My detention in custody has absolutely nothing in common with the purpose of criminal justice, which I referred to earlier. It has nothing in common with the legal purpose of restraint listed in Article 97 of the Russian Criminal Procedural Code, but this is a punishment to which I have been subjected for merely defending the interests of my client and, ultimately, the interests of the Government, because should my client’s interests be realized, should the law enforcement agencies stop obstructing the interests of my client and instead assisted them, then the theft of 5.4 billion rubles from the state would not be possible. The actual purpose of my criminal prosecution and my detention in custody are in conflict with the law.”
The mother of Sergei Magnitsky has previously written to the producer of the film, but received no reply.
Letter from Sergei Magnitsky Family: http://russian-untouchables.com/docs/Letter%20from%20family%20%20on%20Nekrasov%20movie.pdf
For more information please contact:
Justice for Sergei Magnitsky
e-mail: info@lawandorderinrussia.org
Global Centre for the Responsibility to Protect: R2P in Focus, Issue 1
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Keeping mass atrocity prevention a priority for the next UN Secretary-General |
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As UN Secretary-General Ban Ki-moon approaches the end of his term, member states and civil society have campaigned for improved transparency in the selection process for the next Secretary-General. From 12 to 14 April the President of the General Assembly convened interactive dialogues with the nine candidates currently nominated for the position. Member states questioned the candidates on a wide range of global issues. These dialogues presented an opportunity to encourage the candidates to ensure that R2P and the prevention of genocide, war crimes, crimes against humanity and ethnic cleansing remain a core priority of the UN. Spain and Mexico directly asked some candidates to explain how they would implement R2P in their work if elected. Four candidates, Dr. Igor Lukšić, Ms. Irina Bokova, Ms. Natalia Gherman and Dr. Srgjan Kerim, specifically mentioned R2P in their written statements and remarks. |
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During his term, Secretary-General Ban Ki-moon worked to put “Human Rights up Front” in responding to grave violations of human rights. The next UN Secretary-General should continue efforts to keep mass atrocity prevention at the core of the UN’s mission. The next Secretary-General must emphasize the need for UN member states to consistently and comprehensively deliver on their commitment to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. |
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Global Centre Advocacy Highlights Our Executive Director, Dr. Simon Adams, recently met with six of the candidates to convey how the next UN Secretary-General can prioritize implementation and operationalization of R2P and the prevention of mass atrocity crimes. For more information, see our story on Storify. The Global Centre also co-signed a joint statement with Amnesty International, CIVICUS, FIDH, Human Rights Watch and the World Federalist Movement on priorities for a human rights agenda for the next Secretary-General. The Global Centre will continue to engage with candidates in the coming months.
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Sixth Annual Meeting of the Global Network of R2P Focal Points The sixth annual meeting of the Global Network of R2P Focal Points will be held in Seoul from 20 to 22 June 2016. The government of the Republic of Korea is hosting the meeting in collaboration with the Global Centre. The focus of the meeting will be on practical implementation of R2P, including operational initiatives to strengthen national, regional and international capacities to prevent and halt mass atrocity crimes. |
Syria Watch: ISIL’s Torture and Detention Centers “The Black Bottom”

SNHR issued ”The Black Bottom” report regarding ISIL’s torture and detention centers in Syria.
The report stated that ISIL had established secret or public detention centers in regions that are under its control to detain thousands of residents. Prisoners were incarcerated due to different accusations. Most of the times, criticizing ISIL’s oppressive policies was considered the main reason for arrests or abductions. Hence, the civil society and all popular movements were oppressed. To ISIL members or cadres, as long as people are abiding to their religious terms and not criticizing their ruling, then they can live peacefully under ISIL’s terms of living.
The report assured that ISIL has emerged due to decades of political conflicts and not just Islamic extremism. ISIL’s phenomena remain a complex one that cannot be limited to Jihadists or Salafists.
The report depended on SNHR daily documentation since 2011. They communicated with survivors from ISIL’s detention centers and with local residents and activists who live nearby those prisons. SNHR either met the eyewitnesses or residents or interviewed them via Skype or the phone.
SNHR team were not able to record all of ISIL’s detention centers or prisons, especially their secret ones. ISIL had resorted to secret jails after the international coalition commenced its airstrikes on Syria on 23 September 2014. They recorded the arrest of not less than 6318 individuals including 713 children and 647 women since ISIL was established on 9 April 2013 and up till 31 January 2016. They also estimated the enforced disappearance of more than 1188 individuals including 411 children and 87 women since 9 April 2014 and up till March 2016.The report was able to monitor 19 detention centers including some prisons, detailed as follows: Al Raqqa Governorate: 8 detention centers, Deir Al Zour Governorate: 6 detention centers, and Aleppo Governorate with 5 detention centers. While it estimated that ISIL has not less than 54 detention centers.
SNHR affirmed that ISIL had committed, beyond reasonable doubt, widespread violations against the international human rights law and the right of the people in the areas under its control, through arbitrary arrests, torture, and the application of the unjust provisions. Also, similar acts were made against the armed opposition groups, prisoners from the Kurdish Democratic Union Party, and governmental forces. All those acts constitute war crimes under the International Humanitarian Law.
The report stated that ISIL exercised, within the detention centers of systematic torture, in the context of the large-scale in various areas controlled by them. The amount of crimes against humanity, and that some of the torture operations have ethnic and sectarian dimensions. Sometimes ISIL resorted to deforming the detainees’ bodies after execution orders.
The report recommended the international coalition forces that is led by the United State and the Russian forces to pay special attention to the detainees in ISIL prisons and all other different prisons and avoid committing the same mistakes that were made before, and to acquire information from SNHR’s report to protect the civilians who live under ISIL’s control
It also demanded the international community to provide all methods of support to Human Rights group in documenting the violations that are being committed by the extremist organization, and reveal their false allegations before the public opinion in Syria, and to build their capacity through substantial training and developing.
Finally, it indicated that the organization of ISIL was founded on 9 April 2013, two years and one month after the eruption of the popular protests that demanded political and economic reform. If the international community had supported popular protests, there would have been no existence to ISIL or Al Nussra Front, and that they cannot eliminate extremism and terrorism as long as political tyranny of the Assad regime exists.
ICTJ: World Report April 2016 – Transitional Justice News and Analysis
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