Press Release: Magnitsky’s Mother Takes Legal Action Against Interior Ministry to Close Second Posthumous Prosecution of Her Son

Press Release
For Immediate Distribution

27 January 2014 – Sergei Magnitsky’s mother has taken a legal action against the Russian Interior Ministry to terminate the second posthumous case against her son. She has also called for an investigation of those officials who are responsible for the case falsification.

“This criminal case is based on a fictitious event, and therefore must be terminated, and there should be a proper investigation launched into those officials who have falsified the records and organized the second posthumous persecution of my son,” says Ms Magnitskaya in her statement.

Magnitsky’s mother believes that the second posthumous case accusing her son of complicity in the $230 million theft that he had uncovered is an attempt to pressure her into dropping her calls for justice.

“Unlawful acts of officials…cause me unjustified suffering and pain which I consider as a new attempt by investigators to force me to withdraw my calls for justice for my deceased son and for bringing to account those responsible for his unlawful prosecution and murder,” says Ms Magnitskaya.

The complaint by Ms Magnitskaya states that Interior Ministry Investigator Urzhumtsev who was the officer who launched the second posthumous Magnitsky case had a material conflict of interest, as he was a friend of Andrei Pavlov, the lawyer who took part in the collusive lawsuits in various courts which were then used to justify the fraudulent $230 million refund uncovered by Mr Magnitsky.

Ms Magnitskaya’s complaint says that Investigator Urzhumtsev was aware of Magnitsky’s testimonies which exposed those involved in the fraud against Hermitage and the $230 million theft, including Andrei Pavlov.

“The inclusion of false data in the criminal case records is an abuse of office, in this case wilful…A significant part in this falsification was performed by Investigator Urzhumtsev, an acquaintance of A.Pavlov… Investigator Urzhumtsev was aware from the materials of the criminal case …that my son during the stated period confronted the criminal group which perpetrated fraud against his client – the three Russian companies of the Hermitage Fund. He knew of my son’s testimonies from 5 June 2008 and 7 October 2008 in which he exposed the perpetrators and the co-conspirators of the theft,” says the statement.

The new criminal case was opened in secrect and kept from Magnitsky’s family.

“Serious violations of constitutional rights of my son who is deprived of anopportunity to defend himself due to his death in detention centre, his incrimination, in secrecy from his relatives, in committing a serious offence, doing so without issuing him a charge,  and without a valid court verdict in relation to him, is a clear ground to terminate the criminal case No 678540 which is based on a fictitious crime event,” said Ms Magnitskaya in her statement.

For further information, please see:

Law and Order in Russia

Ukrainian Standoff Escalates as Yanukovych Seeks to Avoid Possible Emergency State

By Ben Kopp
Impunity Watch Reporter, Europe Desk

KYIV, Ukraine – Ukrainian opposition leaders scoffed at what has been deemed President Viktor Yanukovych’s moment of weakness in the recent months of tension. Meanwhile, leaders and protesters throughout Europe support dialogue between Ukraine’s government and the opposition.

Ukrainian protests spread, including a siege on the Justice Ministry. (Photo courtesy of Voice of Russia)

In November 2013, anti-government protests erupted in Ukraine; particularly, over President Viktor Yanukovych’s rejection of a deal that would have brought Ukraine and the European Union closer. In mid-January, tensions led to a number of fatalities, as police and protesters clashed. All three primary opposition leaders attended a funeral for Mikhail Zhiznevsky, a Belarussian national who was shot and killed at the height of the violence.

Activists occupied regional administrations in ten Ukrainian regions, where they protested against president-appointed governors. In four Ukrainian cities, thousands of activists laid siege to local government offices. Police broke up a rally in Zaporizhya with batons and stun grenades.

As protests spread into Eastern Ukraine, high tensions in Kyiv led to dozens of protesters seizing control over the Justice Ministry, smashing windows and erecting barricades. Ukraine said that it may issue a state of emergency if the situation at the Justice Ministry worsens.

On 25 January 2014, Yanukovych offered opposition leaders posts within the government, including offering Arseniy Yatsenyuk (Fatherland party) prime minister and Vitali Klitschko deputy prime minister. The next day, Ukrainian opposition leaders said the deal would not be enough to end the worst crisis since Ukraine gained independence.

In his offer, Yanukovych failed to address key demands, such as bringing forward presidential elections and releasing jailed opposition leader Yulia Tymoshenko.

Klitschko, who is believed to have a personal rivalry with Yatsenyuk, said, “This was a poisoned offer by Yanukovych designed to split our opposition movement.”

However, opposition leaders have neither accepted nor expressly rejected any of Yanukovych’s proposals; but instead, stating that talks will continue. Feeling unprecedented pressure, Yanukovych’s office stated that Yanukovych is willing to consider constitutional amendments that would shift power and authority from himself to the prime minister.

Into the weekend, Europe urged dialogue within Ukraine. During his weekly Angelus prayer, Pope Francis expressed hope that “the search for common good may prevail in the hearts of all.” A crow and a seagull immediately attacked two doves released in hope of peace for Ukraine.

On 28 January 2014, Ukraine’s parliament will meet for a critical debate session. They are expected to debate key points of the crisis, including protest laws.

German Foreign Minister Frank-Walter Steinmeier described the situation as “not only tense but truly serious. The coming days could decide Ukraine’s path into the future.”

For a brighter day, Ukraine must hope that peace for its government and for its people is saved from assailants, both foreign and domestic.

For further information, please see:

Voice of Russia – Ukraine May Issue State of Emergency If Protesters Don’t Leave Justice Ministry – January 27, 2014

Associated Free Press –Ukraine Protests Spread as Opposition Snubs Compromise Offer – January 26, 2014

BBC News – Ukraine: President Yanukovych Blinks First over Protests – January 26, 2014

BBC News – Ukraine Protests ‘Spread’ into Russia-Influenced East – January 26, 2014

RadioFreeEurope RadioLiberty – Rallies Held Abroad for Ukraine – January 25, 2014

Impunity Watch – New Deaths Make Ukrainians Unsure How Long Tensions Must Continue – January 23, 2014

Snowden Reveals NSA Conducts Corporate Espionage

by Michael Yoakum
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – Former NSA contractor Edward Snowden claims that the US intelligence agency engages in industrial espionage according to a German public television broadcaster. ARD released a statement prior to a television interview Sunday in which Snowden is quoted as saying that if German engineering company Siemans had something information beneficial to the US, the NSA would take it.

Snowden is scheduled to give an interview with the German public television broadcaster ARD Sunday evening. (photo courtesy of The Guardian)

Snowden alleged that the NSA would take information from private industries even if the information had no connection to US national security needs. Snowden went on to tell the German broadcaster that he no longer has possession of any documents or information on NSA activities, adding that he has turned over all available information to selected journalists.

At present Snowden faces felony charges for the information he has incrementally released to journalists since last June when he offered information to The Guardian about NSA surveillance of American cell phone data.

A legal adviser for Snowden is quoted as saying Snowden would be open to entering talks with US Attorney General Eric Holder to negotiate his return to the US. However, that willingness to negotiate was premised on a guarantee of amnesty for crimes related to releasing classified information.

Jesselyn Radack, Snowden’s legal adviser, said she was glad to hear last week that the Attorney General was open to negotiating Snowden’s return, but expressed disappointment about the US government’s stance on amnesty.

“It’s a little disheartening that [Holder] seemed to take clemency and amnesty off the table, which are two of the negotiating points,” said Radack in an interview on “Meet the Press.”

Holder said in an MSNBC interview that the US government would not provide amnesty in some kind of “no harm, no foul” deal.

Snowden made a statement Thursday expressing his wish to return home and bring resolution to his conflict with the US government.

“Returning to the U.S., I think, is the best resolution for the government, the public, and myself, but it’s unfortunately not possible in the face of current whistleblower protection laws, which through a failure in law did not cover national security contractors like myself,” Snowden wrote on the website “Free Snowden.”

For more information, please see:

Fox News – German TV: Snowden says NSA also practices industrial espionage – 26 January 2014

MSNBC – Snowden says NSA engages in industrial espionage: German TV – 26 January 2014

Reuters – Snowden won’t return to U.S. without amnesty, says legal adviser – 26 January 2014

The Guardian – German TV: Edward Snowden says NSA is involved in industrial sabotage – 26 January 2014

CNN – NSA leaker Edward Snowden says U.S. return ‘not possible’ given current laws – 24 January 2014