Press Release: Sergei Magnitsky’s Mother Demands Answers from Russia’s General Prosecutor Chaika About False Statements Against Her Son

Yuri Chaika

22 December 2015 – Sergei Magnitsky’s mother has demanded answers from Russian General prosecutor Chaika over his hysterical letter containing false information about Sergei Magnitsky published last week in Russian newspaper Kommersant. Chaika’s letter was a response to Russian blogger Alexei Navalny’s explosive video about the corruption and abuse of office involving Chaika’s two sons and senior prosecutors in the country.

In Chaika’s 14 December 2015 letter to Kommersant, he claimed that Sergei Magnitsky had never investigated the $230 million theft from the Russian budget.

In Sergei Magnitsky’s mother’s application to the General Prosecutor’s office which was filed at the end of last week, she refuted Chaika’s false statements and placed the responsibility on Chaika himself for the cover up of the $230 million theft and its perpetrators implicated by Sergei Magnitsky in sworn testimony.

“The information you have disseminated inflicts pain on a mother who lost her son, it is not based on facts, it has not been corroborated by courts, and it is refuted by documents, including the criminal case files about Magnitsky’s death,” said Ms. Magnitskaya to Prosecutor Chaika.

“Thanks to Sergei Magnitsky’s investigation which he conducted on instruction from his client – the Hermitage Fund – the theft of 5.4 billion rubles [$230 million] was uncovered, and reported to you on 25 July 2008 in an application seeking to investigate the fraud and prosecute its perpetrators. In response your senior aid Bumazhkin replied that the investigation had been terminated …due to the lack of crime. Your aid also reported that the outcomes of this investigation were under control of the General Prosecutor’s Office,” said the application from Ms. Magnitskaya.

“It follows that under the control and with knowledge of the Russian General Prosecutor’s Office headed by you, perpetrators who committed a grandiose theft of 5.4 billion rubles from the budget, remained for a long time free, had opportunity to destroy evidence of their crime and continue it unhindered through laundering the proceeds stolen from the Russian people via bank wire transfers,” said Ms. Magnitskaya’s application.

Sergei Magnitsky’s mother’s application asks Chaika whether the information he had disseminated was his personal opinion, or his official conclusion as General prosecutor of Russia tasked by Russian president to personally oversee all cases connected to Sergei Magnitsky. The reply from Prosecutor Chaika to Magnitsky’s mother application is yet not known.

For more information please contact:

Justice for Sergei Magnitsky

+44 207 440 1777

e-mail: info@lawandorderinrussia.org

www.lawandorderinrussia.org

Twitter: @KatieFisher__

www.facebook.com/russianuntouchables

www.billbrowder.com

U.N. Adopts Resolution, No Mention of Assad

By Brittani Howell

Impunity Watch News Reporter, The Middle East

DAMASCUS, Syria – On Friday, the United Nations Security Council unanimously approved a resolution that paves the way for an international peace process for the Syrian conflict. The peace process includes a ceasefire, talks between the Syrian government and opposition groups, as well as a plan to unify the government. Talks of Assad, however, were missing from the discussion.

The United Nations Security Council unanimously adopted a resolution for the Syrian Conflict. (Photo Courtesy of The New York Times)

Western allies determined prior to the meeting, that bringing Assad to justice was a lower priority then ending the Syrian conflict. British Foreign Secretary Philip Hammond stated, “If there’s justice in the world, Bashar Assad will end up in the Hague. Whether that is going to happen is another question. The moral answer is to end the killing now.”

Human rights advocates, on the other hand, believe this way of thinking is dangerous. Stephen Rapp, President Obama’s former Ambassador-at-Large for War Crimes Issues, stated, “The idea that you can go forward [with a peace settlement] without accountability is impossible.”

John Kerry, United State’s Secretary of State, when discussing Assad’s fate with reporters after the Council meeting on Friday, stated, “This is not being kicked down the road; it’s actually being timed out.”

Human Rights Watch released a report, two days before the United Nations Security Council meeting, which details the atrocities that occurred under Assad’s control. The report contains 28,000 photos of the deaths of hundreds of people who had been under the government’s custody. Most of the deaths are believed to be as a result of torture, and Human Rights Watch is calling for an investigation and prosecution of the crimes.

Since the beginning of the conflict, Assad’s forces have been responsible for many other atrocities including bombing civilian areas indiscriminately, using nerve agents and chlorine gas against non-combatants, and the use of barrel bombs.

Part of the passed resolution requires an election to take place within 18 months of the political talks. However, there was no mention of whether Assad will be allowed to run in the new elections, as the Russians and Iranians blocked any attempt to discuss the issue. The election process will be under the guidance of the United Nations, which would make it difficult for Assad to control the vote, and also requires all Syrians to vote, even “members of the diaspora.”

Sergey V. Lavrov, the Foreign Minister of Russia, stated, “We should try avoiding the mistakes we have made.” He continued, “Only the Syrian people are going to decide their own future. That also covers the future of the Syrian president.”

Assad was not in attendance at the United Nations Security Council meeting.

For more information, please see:

CNN – U.N. Security Council Approves Peace Plan for Syria – 19 December 2015

Reuters – U.N. Endorses Syria Peace Plan in Rate Show of Unity Among Big Powers – 19 December 2015

ABC News – ‘Agreement’ on UN Draft on Syria, but No Mention of Assad – 18 December 2015

The New York Times – After Years of War in Syria, U.N. Passes Resolution on Talks – 18 December 2015

Politico – Cozy Retirement for Assad Looks Likely as Syria Peace Talks Convene – 17 December 2015

Press Release: New York Federal Court Disqualifies Lawyer John Moscow and BakerHostetler in Magnitsky Money Laundering Case

21 December 2015 – The federal court in New York has disqualified lawyer John Moscow and his firm, BakerHostetler, who represented the alleged Russian recipients of money laundering proceeds from the US$230 million Russian fraud that Sergei Magnitsky uncovered, in a civil forfeiture case brought by the US Department of Justice. The case alleges money laundering of proceeds of Russian fraud into multi-million dollar Manhattan real estate by Prevezon, a company owned by a son of former Vice-premier of the Moscow Region and the current Vice-president of Russian Railways Pyotr Katsyv.

John Moscow and BakerHostetler had originally worked for Hermitage in 2008 to defend Hermitage against unfounded accusations relating to the fraud, including (among other projects) by tracking the stolen US$230 million and its recipients, and bringing the evidence of this complex Russian fraud which victimised Hermitage, to the US Department of Justice. On Hermitage’s behalf, John Moscow personally presented the findings from the Hermitage’s and Sergei Magnitsky’s investigations of the $230 million fraud to the U.S. Attorney’s Office.

On 25 November 2008, one day after Sergei Magnitsky’s arrest by corrupt Russian officials on false charges, John Moscow also became involved in Hermitage’s legal actions to free Sergei Magnitsky from Russian detention. Prior to his arrest, Sergei Magnitsky gave testimony to Russian authorities implicating Russian officials in the theft of Hermitage’s Russian companies and of US$230 million the Hermitage’s companies had paid to the Russian government.

One year later, on 16 November 2009, Sergei Magnitsky was killed in Russian police custody before he could testify in an open trial.

In 2013, John Moscow and BakerHostetler switched sides, and went from representing Hermitage to representing Russian-owned Prevezon, an alleged beneficiary of the US$230 million fraud, that Sergei Magnitsky’s investigation had led to after his death. The US Department of Justice has traced to Prevezon nearly US$2 million of the US$230 million fraud proceeds and more funds in false and questionable transactions. The US court has frozen about US$14 million in Prevezon’s assets, including bank accounts and several Manhattan properties.

In November 2015, John Moscow and BakerHostetler made filings on Prevezon’s behalf in which they explicitly accused Hermitage of committing the US$230 million fraud that they originally have been hired to defend against.

On 15 December 2015, Hermitage filed a motion to disqualify BakerHostetler and John Moscow.

In Judge Griesa’s opinion, issued on 18 December 2015, the U.S. Court for Southern District of New York ordered:

“The court is now convinced that it would be improper for BakerHostetler and Moscow to continue as counsel to defendants. …Hermitage’s motion to disqualify BakerHostetler and Moscow as counsel to defendants is granted.”

Hermitage Capital’s representative said of the disqualification of John Moscow and BakerHostetler:

“This disqualification is a stark reminder that lawyers can’t switch sides just because there is money being offered to them.”

Under Rule 1.9 of the New York Rule of Professional Conduct, lawyers are not allowed to betray their former clients. In particular, the rule says:

“A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.”

Hermitage became the victim of the US$230 million fraud in 2007 when a Russian criminal organisation, comprising FSB, Interior Ministry and tax officials and headed by a convicted fraudster Dmitry Klyuev, raided offices of Hermitage and its law firm in Moscow, unlawfully seized statutory and financial documents for its corporate Russian subsidiaries. Using those documents, the Russian crime group forged contracts and powers of attorney, fraudulently re-registered the stolen Hermitage companies to felons previously convicted for violent crimes, and through sham court proceedings obtained about US$1 billion judgments against the stolen Hermitage companies, in order to claim US$230 million in purportedly “overpaid” taxes.

The fraudulent US$230 million tax refund was granted by Russian tax officials, who were members of the crime group, in one day, and paid out two days later to two small Russian banks, where fraudsters had opened bank accounts, and then laundered through Russian banks and around the world.

Through efforts of Hermitage and law enforcement authorities around the world, about US$40 million connected to the US$230 million fraud uncovered by Sergei Magnitsky have been identified and frozen.

BakerHostetler is an “Am Law 100 law firm” with more than 900 attorneys and 14 offices. John Moscow is a former New York prosecutor and a partner at Baker Hostetler.

For more information please contact:

Justice for Sergei Magnitsky

+44 207 440 1777

e-mail: info@lawandorderinrussia.org

www.lawandorderinrussia.org

Twitter: @KatieFisher__

www.facebook.com/russianuntouchables

www.billbrowder.com

Canadian Pastor Receives Life Sentence in North Korea

By Christine Khamis

Impunity Watch Reporter, Asia

 

PYONGYANG, North Korea –

North Korea’s Supreme Court sentenced Canadian Pastor Hyeon Soo Lim to life in prison with hard labor last week. Mr. Lim was detained in February and was charged for “subversive plots and activities” while on a routine missions trip to North Korea. Prosecutors originally called for the death penalty as punishment for his alleged crimes against North Korea’s government. 

Mr. Lim during his confession at a news conference in July. (Photo courtesy of BBC)

North Korea’s official news agency, KCNA, has reported that Mr. Lim confessed to committing anti-DPRK religious activities, conducting false propaganda, and aiding in an operation to lure and abduct North Korean defectors.

Mr. Lim traveled to North Korea in January for a visit that his family describes as a routine humanitarian trip. Mr. Lim, who emigrated from South Korea to Canada in 1986, is a minister at the Light Korean Presbyterian Church in Toronto. He has completed over 100 trips to North Korea in order to support projects that his church initiated there, including an orphanage, nursery, and nursing home.

In July, Mr. Lim was brought to a news conference by authorities, where he read a statement confessing to attempts at bringing down North Korea’s government. Associated Press reports that Mr. Lim admitted that he was working toward creating a religious state in North Korea while taking advantage of the policies of the United States and South Korea. Mr. Lim gave another confession at a church in Pyongyang in August.

Canada’s Department of Foreign Affairs objects to the sentence given to Mr. Lim, especially in light of his age and poor health. Canadian officials were not given access to Mr. Lim during his detainment. The Department of Foreign Affairs also commented on this in its statement, stating that the North Korean government’s refusal to let Canadian officials confirm Mr. Lim’s health and wellbeing is a violation of the rights of states to have access to their citizens under the Vienna Convention.

North Korea has been known to detain foreigners for religious or missionary activities, accusing them of committing crimes against the state. Other westerners that have been held by North Korea in the past have also given public confessions under pressure from its government.

International human rights groups have criticized North Korea for its trials of foreign detainees, in part because their family members and outside lawyers are not allowed to visit them or defend them in court.

For more information, please see:

BBC News – N Korea Sentences Canada Pastor to Life in Jail – 16 December 2015

CNN – North Korea sentences Canadian pastor Hyeon Soo Lim to life in prison – 16 December 2015

The New York Times – North Korea Sentences Canadian Pastor to Life in Prison – 16 December 2015

The Guardian – Hyeon Soo Lim: Canadian Pastor Given Life Sentence in North Korea – 15 December 2015

 

Humanity in War Update – December 2015

In This Issue

On the Blog

International Humanitarian Law For Students and Professionals

Humanity in War Live-Stream Series: A Conversation on the International Conference

Prosecuting Serious International Crimes: Exploring the Intersections between International Justice and Domestic Rule of Law Efforts

Reminder for Francis Lieber Prize 2016

On the Blog 

International Humanitarian Law Workshop with Seattle University School of Law 

 

An Engaging Humanitarian Education Tool    

 

May the Law be Ever in Your Favor: The Hunger Games and IHL  

 

The Road to Peace   

 

When Does War End? 

 

International Humanitarian Law For Students and Professionals

An instructor-led course designed to train field and headquarters personnel, students, lawyers, and other interested professionals to recognize and understand situations where international humanitarian law might be applicable.

2016 DATES 

 

American Red Cross

Washington, DC

 January 14, February 11, March 3, April 14, May 12, June 9 

 

Seattle University of Law

Seattle, WA 

January 30

UCLA-USC

Los Angeles, CA 

February 20

University of Virginia

Charlottesville, VA

February 27 

 

 

 

To register for any of the dates above contact:

ihlaw@redcross.org 

*CLE Credits May Be Available 

The Academy on Human Rights and Humanitarian Law is announcing the early opening of its application to the 2016 Program of Advanced Studies on Human Rights and Humanitarian Law and will be accepting submissions to the Human Rights Essay Award, which is the only full scholarship available to the Program.

For further details and information please visit the Academy on Human Rights and Humanitarian Law or humanityinwarblog.com

Humanity in War Live-Stream Series: A Conversation on the International Conference 

 

We had a wonderful conversation with Jane Zimmerman and Brad Gutierrez covering the outcomes of the International Conference (IC) and what it means for humanitarians and the movement worldwide.

The IC brings together representatives from 200 governments along with members of the Red Cross and Red Crescent movement to discuss pressing humanitarian issues such as migration, sexual and gender-based violence, healthcare in danger, and compliance with the rules of war.

Watch on humanityinwarblog.com

Prosecuting Serious International Crimes:

 Exploring the Intersections between International Justice and Domestic Rule of Law Efforts

Save the Date: March 29-30, 2016

In celebration of the  

20th Anniversary of the War Crimes Research Office 

American University Washington College of Law  

Claudio Grossman Hall, Terrace Level

This academic year marks the 20th anniversary of the War Crimes Research Office (WCRO), founded to promote accountability for serious international crimes. In celebration, the WCRO will host a conference, the principal goal of which is to broaden the conversation about effective accountability mechanisms by bringing together practitioners, experts, and academics from two different communities: the international justice and rule of law fields. Despite a shared interest in increased accountability for serious crimes, these communities have had little opportunity to exchange, debate, or collaborate on practical strategies designed to strengthen domestic systems’ ability to investigate and prosecute serious crimes.

The event is cosponsored by PluriCourts of the University of Oslo, the American Bar Association, the American Society for International Law and the American Red Cross.

Agenda and speakers will be available at http://www.wcl.american.edu/warcrimes shortly.

Please register at

https://www.wcl.american.edu/secle/cle_form.cfm

 

 

Reminder for Francis Lieber Prize 2016 

 

Don’t forget that Emory University School of Law will be accepting submissions for The American Society of International Law’s Lieber Society on the Law of Armed Conflict, awarding the Francis Lieber Prize to the authors of publications that the judges consider to be outstanding in the field of law and armed conflict. Both monographs and articles (including chapters in books of essays) are eligible for consideration – the prize is awarded to the best submission in each of these two categories.   

Information regarding criteria and submission deadline, can be found here. For more information contact Laura Blank at Lblank@emory.edu.   

 

2015 Winners

Book prize:

Gilles Giacca, “Economic, social, and cultural rights in armed conflict” (OUP:2014)

Essay prize:

Tom Ruys, “The meaning of ‘force’ and the boundaries of the jus ad bellum: are ‘minimal’ uses of force excluded from UN Charter Article 2(4)?’, 108 AJIL 159 (2014).

If you have any questions regarding the Humanity in War Update or any other correspondence from the American Red Cross IHL team, please contact karen.melara@redcross.org.