In Spite of the Russian Interior Ministry’s Denial, They Continue the Posthumous Case Accusing Sergei Magnitsky

13 January 2014 – Today, the Russian Interior Ministry issued a “denial” of a new posthumous case against Sergei Magnitsky. However, documents obtained from the court indicate that the Interior Ministry is pursuing an active case (No 678540) in which it posthumously accuses Sergei Magnitsky of the $230 million theft that he had in fact uncovered.

The Demand by Prosecutor Grin to open the criminal case posthumously and accusing Mr Magnitsky of perpetrating the $230 million theft says:

“Based on results of investigation, V.G. Khlebnikov and V.A. Markelov were brought to justice, the persons who had entered into prior conspiracy with V.N. Kurochkin, S.M. Korobeinikov, O.G. Gasanov, and S.L.Magnitsky, by deceit during September through December 2007 have committed theft of 5,409,503,006 rubles, having organized an unlawful refund from the budget of Russia of the previously paid income tax.”

 

The Decree to open the criminal case No 678540 by the Interior Ministry says:

 

“Senior Investigator …O.V.Urzhumtsev, having considered the report and materials of checks…has determined: by verdict of the Tverskoi District Court of Moscow from 28 April 2009 and 10 March 2011 which came into effect, V.A. Markelov and V.G. Khlebnikov have been recognized guilty of entering into a prior conspiracy with V.N.Kurochkin, S.M. Korobeinikov, O.G.Gasanov and S.L. Magnitsky, to have organized by deceit the unlawful refund to taxpayers… of allegedly surplus paid income tax for 2006, have stolen funds from the budget of the Russian Federation and of Moscow city, the subject of federation, in the amount of 5,409,503,006.48 rubles.”

 

Numerous complaints from the Magnitsky family that case No 678540 is based on fabricated evidence have been rejected by Tverskoi District Court, Interior Ministry and Prosecutor’s Office.

The evidence about the existence of this case was originally kept secret by the Russian authorities from the Magnitsky family. For some time, the Russian Interior Ministry officials publicly defamed Sergei Magnitsky at press conferences airing these posthumous allegations. The complaint from the Magnitsky family about this posthumous slander addressed to the Head of the Russian Interior Ministry’s Investigative Department remained unanswered.

Subsequently, the Magnitsky family learned that Deputy General Prosecutor of Russia Victor Grin in fact ordered a new case to be opened naming Magnitsky posthumously as the perpetrator of the $230 million theft after his death. Posthumous accusations are in breach of the Russian legislation and the European human rights principles defended by the European Court of Human Rights.

Russian Interior Ministry officers in charge of the second case posthumously accusing Magnitsky of the $230 million theft have included Oleg Urzhumtsev, Ruslan Filippov and Pavel Tambovtsev.

“Attempts by the Interior Ministry to whitewash what has now turning into a practice of posthumous persecution of Sergei Magnitsky are flatly in contradiction to the documents in the case file,” said Hermitage Capital representative.

For further information, please see:

Law and Order in Russia

Tribesmen Kill Yemeni Soldiers

By Darrin Simmons
Impunity Watch Reporter, Middle East

SANA’A, Yemen-Reports have indicated that at least four Yemeni soldiers were killed by local tribesmen in an attack on the army commission assigned to guard oil installations.  The tribesmen warned the army to stop its operations in the area.

(photo courtesy of Al Jazeera)

One witnesses recalled that gunmen and troops traded fire after the attack, adding that the army reinforcements had arrived in the area.

Government troops and facilities in southeaster Hadramawt province have been targeted by armed tribesmen since as early as December.  Tensions arose between the army and tribesmen when a local tribal leader was killed at an army checkpoint upon refusal to hand over his weapons.

The death of tribal leader Bin Habrish has sparked protests and attacks on government facilities.  Most recently, several people were killed in  a brief seizure of the Yemeni oil ministry offices in Hadramawt.

Tribesmen have demanded that Habrish’s killers be handed over, as well as demanding withdrawal of the army from Hadramawt and creation of more jobs for the local people in the area.

The attack occurred one day after a tribal alliance formed in the area, warning that all operations should be suspended starting on this past Saturday.  The operations are run by Norwegian DNO International,  an oil and gas exploration company, which had no immediate comment.

On Saturday, members of the tribal alliance killed two soldiers and wounded one other in another attack on oil installations operated by Norwegian DNO in Hadramout.

Ever growing hostility in Yemen has due to their strategic position next to the major oil exporter Saudi Arabia and useful shipping lanes have caused international concern.  Mass protests and political turmoil since the forced resignation of long-serving President Ali Abdullah Saleh in 2011have worsened matters.  He was succed by deputy Abd-Rabbu Mansour Hadi.

Further, Yemen is one of the poorest countries in the Arab world experience.  Yemen relies on crude exports to finance up to 70 percent of its spending budget.  Yemen also faces increasing attacks by al-Qaida as sectarian tensions increase in the north and the occurrence of a secessionist movement in the south.

Hadramawt was once part of the formerly independent South Yemen, which was unified with the north in 1990.  A secession attempt four years later caused a brief but bloody civil war that ended with northern forces taking over the south.

For more information, please see the following: 

Al Jazeera-Tribesmen kill soldiers in southern Yemen-12 January 2014

Global Post-Yemen tribes kill 4 soldiers in fresh anti-army attack-12 January 2014

Gulf News-Yemen tribesmen kill soldiers in oil field attack-12 January 2014

Voice of America-Yemen Tribes Kill 2 Soldiers, Tell Norway DNO to End Oil Work-12 January 2014

Protesters in Northern Spain Support Transfer of Imprisoned Members of Group Labeled Terrorist by EU, U.S.

by Tony Iozzo
Impunity Watch Reporter, Europe

BILBAO, Spain – Thousands of demonstrators took to the streets in northern Spain on Saturday to protest the imprisonment of members of a separatist group known as “ETA.”

Thousands took to the streets on Saturday in northern Spain. (Photo courtesy of Al Jazeera)

Tens of thousands of protesters formed a demonstration in the city of Bilbao, in Spain’s Basque region, after a judge had banned an initial demonstration to demand concessions for the ETA prisoners, such as being imprisoned in facilities closer to their families.

Spain’s Basque region has seen an ongoing standoff between authorities and secessionists in the area. ETA has been campaigning for an independent Basque homeland in northern Spain and southwestern France for over 40 years. The organization, which has been labeled a terrorist organization by the European Union and the United States, has been blamed for 829 murders.

The organization has been depleted in recent years due to the arrests and imprisonment of its leadership in both Spain and France. Roughly 520 members have been imprisoned, and only an estimated few dozen active fighters are on the run. The ETA pledge to end armed activity back in 2011, but Spain and France remain opposed to negotiating with the organization due to its past.

On Friday, a judge of the highest criminal court in Madrid issued a ruling against a planned demonstration to explicitly support the imprisoned ETA members, reasoning that the protest was organized by a banned terrorist group. Both Basque nationalist and separatist parties called for a new “rights march” for Saturday. They had originally called for a silent demonstration, but shouts and cries were audible when family members of the prisoners marched. Shouts such as “Basque prisoners home!” could be heard.

The conservative Basque National Party, which governs Spain’s northern region, and a left-wing pro-independence party combined forces for Saturday’s march. Between them they accounted for more than half of the votes in the last regional elections, as pro-independence Basques set their sights on a political solution.

“Parties and unions that represent the political majority of this land decided they had to call this demonstration to defend the right to freedom of expression,” Pernando Barrena, spokesman for the left-wing party, stated.

The spokesman for the Basque National Party, Josu Erkoreka, stated that the original ban on the first planned demonstration was “incomprehensible to the Basque people.”

On Saturday, an additional judge ruled that the new gathering called by the parties was not illegal.

For more information, please see:

Al Jazeera – Thousands March in Bilbao in Support of ETA – 12 January 2014

Fox News – Large March in North Spain Calls for ETA Prisoners to be Allowed to Serve Jail Terms Near Home – 12 January 2014

The Washington Post – March in North Spain Backs Return of ETA Prisoners – 12 January 2014

BBC News – Huge March in Spain After Ban on ETA Prisoner Rally – 11 January 2014

US-Cuban Relations Warm During Obama’s Second Term

by Michael Yoakum
Impunity Watch Reporter, North America

HAVANA, Cuba – US and Cuban government officials met in Cuba’s capital on Wednesday to begin talks intended to tackle the issue of Cuban citizens migrating to the United States. Edward Alex Lee, a US State Department official, praised the tone of the talks explaining that the “very constructive” nature of the talks could lead to strengthened US-Cuban relations.

President George W. Bush suspended migration talks, which occur biennially, in 2003. President Obama reopened talks in 2009 before suspending them again after the arrest of US contractor Alan Gross. (Photo courtesy of BBC News)

The strained relationship between the United States and Cuba has eased considerably since President Obama began his second term. State Department and Cuban officials point to President Obama’s handshake with Cuban President Raul Castro at Nelson Mendela’s funeral as evidence is the change in tone.

“Despite our historically difficult relationship, over the course of the past year and a half we have been able to speak to each other in a respectful and thoughtful manner,’ Mr. Lee said in a Havana press conference.

Mr. Lee confirmed on Friday that he had visited Alan Gross, a US citizen sentenced to 15 years in Cuba for smuggling illegal satellite equipment into the country. He noted that US government was “deeply concerned” for Mr. Gross’s well being.

During the talks, Cuban officials reiterated their stance against the Cuban Adjustment Act, which allows Cuban citizens to gain permanent residency after one year. Further, Cuban officials point to the “wet foot, dry foot” rule as a major source of unsafe migration attempts. The “wet foot, dry foot” rule allows Cuban citizens who reach US soil to remain in the country while repatriating Cubans detained at sea.

“These are the main encouragement to illegal departures and irregular arrivals of Cuban citizens in the U.S. territory,” said a statement released by the Cuban government.

The talks that began Wednesday are part of a series on migration that began in July of last year. Neither government had released information on when more discussions might occur.

For more information, please see:

BBC News – Cuba: US ‘very open’ to new relationship – 10 January 2014

Reuters – U.S. official praises new tone with Cuba, visits jailed contractor – 10 January 2014

Miami Herald – US-Cuba migration talks to be held Wednesday in Havana – 6 January 2014

The Washington Post – Cuba, US hold migration talks in Havana – 9 January 2014

The Guardian – US and Cuba to hold fresh round of diplomatic talks in Havana – 8 January 2014

Libyan Cabinet Minister Killed by Unknown Gunmen

By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa

TRIPOLI, Libya – Libya’s deputy industry minister has been shot dead during a visit to his hometown of Sirte, east of the capital of Tripoli.

Since the collapse of Gaddafi’s regime, Libya has been plagued with sporadic violence (photo courtesy of the Telegraph).

Local media quoted officials as saying unknown gunmen “sprayed bullets” at Hassan al-Droui near a central market.

The minister was shot several times.

“They opened fire from another car while he was driving, he was shot multiple times,” an official said, asking to remain anonymous. “Later, they found explosives attached to his car. The theory is, the bomb failed, so they shot him instead.”

The anonymous official blamed Islamist militants who have been trying to extend their influence in Sirte, which has been more stable recently than the coastal capital of Tripoli.

The minister, al-Droui, was a former member of the National Transitional Council, the political arm of the 2011 uprising. He was appointed to his role by the transitional government’s first prime minister and kept his position when Ali Zeidan took over.

Since the collapse of Gaddafi’s autocratic regime, Libya has been plagued by sporadic violence, including a string of assassinations targeting top army and security officials.

The motive behind the killing, however, is unclear.

There is speculation that the assassins were from the self-styled Abu Bakr Unis Jabr brigade, who are supporters of the former regime.

Although Libya has seen continued violence and lawlessness since the 2011 uprising, the killing is the first assassination of a member of Libya’s transitional government. Most assassinations have been of members of the military or police.

Separately, a health official in Libya said 15 people were killed in clashes between two tribes in the country’s south. The fighting is pitting the al-Tabw tribe against the Awlad Soliman tribe in the city of Sabha. A local leader said on Saturday that the fighting was sparked by the killing of a guard of the city’s military leader, a member of the Awlad Soliman group.

The violence is the worst between the tribes since they struck a ceasefire agreement in March 2012.

Southern Libya thrives on the business of smuggling contraband goods as well as human trafficking, a BBC correspondent says.

Many of the clashes between the tribes there are rooted in competition over smuggling routes.

For more information, please visit:

BBC News – Libyan cabinet minister Hassan al-Droui killed in Sirte – 12 January 2014
Yahoo! News – Gunmen assassinate Libyan deputy industry minister – 12 January 2014
menafn.com – Libyan Deputy Industry Minister Killed in Sirte – 12 January 2014
Telegraph – Libya’s deputy industry minister shot dead – 12 January 2014
International Business Times – Libyan Cabinet Minister Assassinated During Hometown Visit – 12 January 2014
The Guardian – Libyan government minister shot dead – 11 January 2014