LONDON, England – British Prime Minister David Cameron ordered an investigation into a former undercover police officer’s claims that he was ordered to spy on the family of the black victim of one of Britain’s most notorious racially-motivated murders.
New controversy has come to light in the murder case of Stephen Lawrence (pictured above) (Photo courtesy of Al Jazeera)
The former police officer, Peter Francis, has stated that superior officers at Scotland Yard, formally the Metropolitan Police Service, ordered him to investigate and find any information that could be used against the members of the victim’s family, specifically to determine whether any individuals were political activists, involved in public demonstrations, or drug dealers.
The victim, 18 year old Stephen Lawrence, was stabbed to death at a London bus stop on April 22, 1993. He and his friend, Duwayne Brooks, were waiting for a bus on their way home from night classes, and were victimized by a white youth-gang.
Francis, who reported to The Guardian newspaper on Monday, said that he posed as an anti-racist activist with three other officers and infiltrated the Youth Against Racism in Europe, a group led by Lawrence’s parents that held protests.
Francis said that the spying was to discredit the Lawrence family’s campaign against racial violence because senior officers believed that the public protests could trigger Rodney King-esque rioting similar to the events in Los Angeles in 1992.
“They wanted the campaign to stop. It was felt that it was going to turn into an elephant,” Francis stated.
These allegations are the latest controversy in a case that has had its fair share. An official report by a high court judge found that “institutional racism” via insensitivity and lack of investigative rigor tainted the original investigation. Last year, 19 years after the killing, two men were convicted of the murder.
Cameron has promised that government investigators would “get rapidly to the bottom of what’s happened” and “get the full truth out.”
“To hear that, potentially, the police that were meant to be helping them were actually undermining them-that’s horrific,” Cameron stated.
Home secretary Theresa May, the overseer of policing in Britain, has stated that two existing probes into police misconduct would investigate Francis’ claims.
Bugged Meetings
Amid these assertions by Francis, an additional claim has surfaced, suggesting that the Metropolitan Police secretly recorded its officers’ meetings with Brooks, the friend of Lawrence who was with him the night of the killing in 1993.
BBC reported on Tuesday that a senior police source from the Metropolitan Police stated that orders were given to record two meetings between Brooks, his lawyers, and the police officers.
Brooks’ lawyer, Jane Deighton, stated that she was under the impression that the purpose of the meetings were to brief Brooks and her colleagues on the progress of the investigation into Lawrence’s murder.
“Under the guise of briefing us they were covertly recording us.”
Scotland Yard said it was investigating these additional claims and treating them with “huge seriousness.”
Report Prepared by Syrian Network for Human Rights
Period covered: 18 June 2013 to 25 June 2013
Introduction:
Talkalakh is in-between Homs city and Tartous city, almost 45 km west of Homs and nearly the same distance east of Tartous city.
It has a strategic importance, since it is located on the Homs Tartous highway, adjoined to the Lebanese border just five km north of Lebanon.
Talkalakh is surrounded by villages that are comprised of an Alwite majority.
It had a population of almost 55,000 before its residents were displaced due to the frequent shelling and destruction of homes especially within the last few months, when most of its residents fled out.
Lebanese Hezbollah accompanied by Shabiha and Syrian Government’s Armed Forces initiated a wide attack in the period between 18 June 2013 and 25 June 2013. Many massacres occurred during these attacks, where at least fifteen victims who were killed included two women, and three SFA members. 60 civilians are currently missing and more than 200 victims were killed in the attack. In addition, looting and destruction occurred during this period.
Report details:
Tuesday 18 June 2013 – Lebanese Hezbollah militia accompanied the Shabiha from the Alawite villages surrounding the city, and the Syrian Government’s Armed Troops started a siege on the city where the Syrian Government had cut off communication, electricity, and water.
Thursday 20 June 2013 – After the siege, where they prevented civilians from entering and leaving, they started a very heavy shelling using artillery, rocket launcher, and warplanes. The shelling lasted for two days, and led to 40 injuries.
Saturday 22 June 2013 – Those same troops launched a ground offensive attack accompanied with a large number of tanks and armored vehicles on the north and west side of Talkalakh city. Many neighborhoods fell immediately, including: Tal-Alshamali, Mahata and the western neighborhood. We were able to document five victims, including four civilians: two women; one famous media activist, Mohamd Ahmad Maisara Aldandashi, who was filming the looting and shelling; a lawyer; and one Syrian Free Army. In addition, eighteen victims were killed in the attack.
We received many frequent reports, where we were not able to check the news regarding field executions, and resident kidnapping due to the cut off of communication and the ban imposed on all media and human rights organizations.
Video shows random shelling in the city:
Other video shows the shelling of civilians houses:
Names of victims that we could document:
1- Mohamd Ahmad Maisara Aldandashi, media activist
https://www.facebook.com/photo.php?fbid=544120545629147&set=a.196446397063232.46168.196429423731596&type=1&theater
2- Ahmad Ramez Methqal: Syrian Free Army
https://www.facebook.com/photo.php?fbid=544122372295631&set=a.196446397063232.46168.196429423731596&type=1&theater
3- Lawyer Nawaf Alaakari
4- Ms. Hanadi Aldarzi
5- Ms. Iman Ibrahim
Troops that stormed the city also destroyed the only medical point that existed there and prevented the entry of drugs and ICRC members into the city.
Sunday 23 June 2013 – They started the siege on the rest of the neighborhoods such as the eastern neighborhood, Ghalion mountain neighborhood and Alsook neighborhood, and tried to storm into them. Violent clashes took place between the Syrian Free Army Soldiers and them. The clashes led to many victims and injured persons.
Monday 24 June 2013 – The shelling occurred again in the city of Ras Alnaaba villages, killing many victims, then troops stormed the city and started mop up operations. Many houses were looted and burned. There were also reports of troops raping women.
Tuesday 25 June 2013 – Invasive forces controlled most of the neighborhoods in the city after the Syrian Free Army soldiers pulled from the city to the neighboring countryside. They killed eight civilians in field executions, and residents in city center. More than 30 victims disappeared. Soldiers arrested them and took them to unknown places.
The SNHR documented the victims’ names. It recognized that there are at least fifteen victims: three SFA, twelve civilians, two women, and one media activist:
1- Ali Haidar: Homs / Talkalakh
2- Mahomd Husain Borghali: Homs / Talkalakh
3- Ammar Husain Borghali: Homs / Talkalakh
4- Khudur Hamadi: Homs / Talkalakh
5- Sinan Halom: Homs / Talkalakh
6- Khaled Halom: Homs / Talkalakh
7- Mostafa Shahwan: Homs / Talkalakh
8- Ayman Hasan Hanof: Homs / Talkalakh
9- Ms. Iman Ibrahim: Homs / Talkalakh
10- Lawyer Nawaf Alaakari: Homs / Talkalakh
11- Mohamd Ahmad Maisara Aldandashi, media activist: https://www.facebook.com/photo.php?fbid=544120545629147&set=a.196446397063232.46168.196429423731596&type=1&theater
12- Ms. Hanadi Aldarzi
Syrian Free Army victims:
1- Zakaria Yahia Albasha: Homs / Talkalakh
2- Ahmad Ramez Methqal: Homs / Talkalakh Ahmad Ramez Methqal : Syrian Free – -Army :https://www.facebook.com/photo.php?fbid=544122372295631&set=a.196446397063232.46168.196429423731596&type=1&theater
The invasive troops established many checkpoints inside the city. Most residents fled out of fear of execution and rape. The city is almost empty, and paralyzed with a lack of movement. Terror and panic prevailed there, contrary of what the Syrian Government said, that they re-secured and stabilized the city allegedly under siege by gangs like Al-Qaeda and Nasra.
Responsibility of States
Responsibility of States for Internationally Wrongful Acts
Responsibility of states for internationally wrongful acts, similarly Customary IHL provides that the state is responsible for all acts committed by the members of its military and security forces. Thus, the state is responsible for wrongful acts committed by its military and security forces, including crimes against humanity.
Prohibition of crimes against humanity are among the rules of jus cogens or peremptory, and punishment of such crimes is compulsory according to the General principles of international law. Moreover, the crimes against humanity are the height of violations against basic human rights, such as the right to life and the prohibition of torture or other cruel, inhuman and degrading treatment. In accordance with the principles of the State’s responsibility in international law. Syria, an Arab Republic holds responsibility for such crimes and violations. It has a duty to ensure punishment of the perpetrators individually and a duty to provide compensation to victims.
SNHR holds all violations committed by Syrian Government Armed Forces to the Syrian government and the General Commander of the army and the armed forces, Bashar Al-Assad. To all the officials of security branches, and to all the financial and moral supporters of those forces, with the legal, judicial, and material consequences to the victims and their families in addition to all the reactions that will come from the families or their friends.
Conclusions:
1- SNHR emphasizes that the collective and individual killings as reported previously was deliberately targeted against unarmed civilians, despite government claims that Al Qaida and other terrorists committed these crimes. Thus, Syria Government’s Armed Forces and Shabiha violated international human rights laws that protect the right of life. In addition to being committed in non-international armed conflicts, the crimes are tantamount to war crimes and violate all the conditions.
2- SNHR emphasizes that the killings that happened in Talkalakh are crimes against humanity, and contain elements of systematic and widespread attacks against the civilian population in that town, where there was a siege, shelling and ground attack, where houses were searched, and executions occurred.
The same applies on rape, kidnapping, looting, and thefts, even if it is relatively minimal when compared to Extrajudicial killings.
3- Random Attacks committed by Syrian Government’s Armed Forces are considered violations of customary international humanitarian law, where it shelled a populated area and not a specific military target.
4- Those attacks, especially the bombings, caused the occasional loss of civilian life, and injury or damage to civilian objects. There are very strong indications to believe that the damage was too excessive when compared to the expected military advantage.
5- Syrian Government’s Armed Forces and Shabiha committed various types of cruel and inhuman acts of torture against people in violation of the State’s obligations under international humanitarian law and international human rights law.
6- SNHR emphasizes that the Syrian Government’s Armed Forces and Shabiha committed the war crime of looting, and contributed to the destruction and burning of property during the search of homes in the events of Talkalakh.
7- The volume of the massacre and repeated nature of the massacres, the excessive force used and random nature of the shelling and coordinated nature of the attack couldn’t occur unless they were instructed by a high authority. This is a state policy.
Recommendations:
Syrian Government:
1- Immediately stop all human rights violations.
2- Respect international obligations of protection of civilians in time of war, and respect the rules of international humanitarian law and international human rights law.
Human Rights Council:
1- Demand the Security Council and concerned international institutions to uphold their responsibilities for what’s happening to the Syrian People regarding the killing, rape, displacement, and arrests.
2- Pay more serious attention to cases involving death by torturing, which are considered as the worst type of crimes at all.
3- Pressure the Syrian Government Troops to stop torturing and killing civilians, and to release those who were kidnapped and arrested.
4- Hold allies and supporters of the Syrian Government Troops: Russia, Iran, and China, morally and physically responsible for what’s happening to the Syrian people.
Security Council:
1- Decide to refer all the criminals and others involved to the ICC.
2- Warn the Syrian Government Troops of the repercussions of using brutal methods to rupture the stability of civil peace and coexistence between the people of the same society.
Arab League:
1- Demand the Human Rights Council and the United Nations to give serious and right attention in order to stop the daily killing.
2- Political and diplomatic pressure on the Syrian Government Troops’s main allies -Russia, Iran, and China – to prevent them from continuously providing cover and international and political protection for all the crimes committed against the Syrian people, and hold them morally and physically responsible for all the excess violence caused by the Syrian Government Troops.
3- Serious attention of this case and give it a high priority, and try to take care of victims’ families psychologically, materially, and educationally.
25 June 2013 – Today, the Council of Europe’s Rapporteur, Andreas Gross MP, presented the results of a detailed six-month review of the torture and death of Sergei Magnitsky in Russian state custody and the state sanctioned cover-up which followed. His 41-page report entitled, “Refusing Impunity for the Killers of Sergei Magnitsky,” was presented to the Human Rights and Legal Affairs Committee of the Council of Europe this morning.
The report labels as “unacceptable” the ongoing impunity of those responsible for Mr Magnitsky’s death and for the largest known theft of public funds in Russian history that Magnitsky had exposed.
The Rapporteur condemns in strong terms the failure of the Russian authorities to conduct a proper investigation into Sergei Magnitsky’s torture and beating in custody, and calls the Russian government’s efforts “belated, sluggish and contradictory.” He describes as “legally unfounded” the tax evasion claims levelled posthumously against Sergei Magnitsky and against William Browder in absentia. He describes the Russian government’s latest allegations against Hermitage of the “theft” of Gazprom shares as “selective justice” and “politically motivated,” and finally he condemns the “cover-up” in this case organized at a “high level.”
“Sergei Magnitsky had denounced a gigantic robbery whose victim was Russia herself. He died because he refused to give in to the pressure that corrupt mid-level officials had put on him in order to get away with their crimes. Why, then, does the Russian state, and at such a high level, try so hard to cover up this crime?” asks the Rapporteur in his report.
Following fact-finding missions to Russia, Cyprus, Switzerland and the UK, the Rapporteur dismisses as “unconvincing” and “doubtful” the explanations offered by the Russian government authorities who exonerated officials for their role in the thefts and then blamed Sergei Magnitsky himself, after his death, for the crimes that he had uncovered.
The report cites evidence that the same persons and officials were involved in a series of thefts from the Russian budget during a long period of time, both before and after the $230 million theft, using the same Moscow tax offices.
“Thanks to the above-mentioned investigations of the “money trail,” it has been shown that the same suspects (the so-called “Klyuev group”), using the same modus operandi (annulling a fraudulently re-registered company’s profits of the previous year through sham damages claims…) [did so] using the same Moscow tax offices No 25 and 28 and the same money-laundering paths… In my view, all these similarities cannot be mere coincidences.”
The Rapporteur relies on this evidence to reject the Russian government’s posthumous allegations that Sergei Magnitsky orchestrated the $230 million tax theft.
“A very strong argument against blaming the USD 230 million tax reimbursement fraud on Sergei Magnitsky himself is the fact that similar tax reimbursement frauds were committed before and after Mr Magnitsky was taken into custody, and even after his death,” said the Rapporteur.
The Rapporteur also points out the lack of credibility of the Russian government’s version of the $230 million theft given that it relies on the alleged involvement of a person who died before the theft took place.
“The conclusions of the accusation [signed by Russian Deputy General Prosecutor Grin] appear to believe Mr Markelov’s testimony that he opened a new bank account for Parfenion with Intercommerz Bank in mid-December on an instruction from a Mr Gasanov, who had been dead since 1 October 2007. Such inconsistencies tend to undermine the credibility of Mr Markelov’s new testimony that Sergei Magnitsky was the one who gave him his instructions,” notes the Rapporteur.
The Rapporteur concludes:
“I am personally convinced that this crime was not committed or in any way aided or abetted by Mr Magnitsky, but by a group of criminals, including the persons he had accused before these persons took him into custody, where he died.”
The Rapporteur criticizes the Russian government for their evasive and unconvincing responses.
“In light of this information [money trail], the attitude shown by the Russian authorities so far is not really convincing. …The spokesperson of the Ministry of the Interior, Ms Dudukina, publicly stated that the whereabouts of the tax money fraudulently paid into Universal Savings Bank could no longer be established because a truck transporting the bank’s documentation had accidentally burnt. My interlocutors at the Ministry of Interior and at the Investigative Committee evaded my question when I enquired about the credibility of this statement. Regarding the treasury funds ending up in Mr Stepanov’s account, I was told that this had been verified and that the funds…could be explained by his successful business activities, including building tunnels in Russia…But in my view, this does not explain that the same treasury funds, whose disbursement had been authorized by Ms Stepanova, ended up in her husband’s or ex-husband’s account, via the complicated path described above,” says the Rapporteur.
Concerning the case opened by the Russian Interior Ministry against Hermitage Capital’s client, Kameya, used to seize documents for Hermitage Fund’s companies and steal their $230 million tax payments, the Rapporteur finds that it was not a bona fide investigation:
“The Russian authorities did not deny to us any of the information on the Kameya case, they merely stated, without substantiating, that the search and seizure actions on 4 June 2007 were motivated by a bona fide criminal case concerning underpayment of taxes by Kameya. In view of the precise, substantiated and well-documented presentation of the facts on the Kameya case by the representatives of Hermitage, I conclude that the criminal case must have been opened for other reasons than the bona fide pursuit of criminal justice.”
Concerning the tax evasion accusation made during the posthumous trial of Mr Magnitsky and in absentia against Mr Browder, CEO of Hermitage Capital Management, the Rapporteur finds the claims by the Russian government to be legally unfounded:
“The Kalmyk law requiring an additional agreement came into force only in July 2002 and did not apply to the year 2001, during which the underpayment in question is alleged to have occurred. It would therefore appear that the accusation in question is legally unfounded.”
“The detailed and well-documented replies received have gone a long way to convince us that Hermitage did not violate the law. This was also confirmed by an audit carried out by the competent tax authorities… The tax evasion accusations are suspect also in light of the peculiar circumstances of the (re)-opening of the criminal case, which had been opened in 2004 on the basis of an FSB report and closed for “lack of any crime…”
“Legal pursuits for any tax underpayments concerning 2001 would also appear to be time-barred…Consequently, the formal indictments dated 22 March 2013 and the posthumous trial against Sergei Magnitsky and the trial in absentia against Bill Browder appear to violate Russian law.”
Concerning the new case opened by the Russian government and accusing Hermitage Capital of “stealing” Gazprom shares, the Rapporteur finds it to be exemplary of “selective justice” and “indicative of politically-motivated cases”:
“The retrospective prosecution of the Hermitage executives for any violation of this decree would appear to violate the principle…enshrined in Article 7 ECHR…In my view, the authorities cannot now change their minds retroactively, in addition solely to the detriment of one of the “grey market” participants and not the others: this would be a case of selective justice, which in the practice of the Assembly is often seen as an indication for the “political” motivation of criminal prosecutions.”
The Rapporteur examines the failure of the Russian authorities to investigate Sergei Magnitsky’s killing in custody and the subsequent cover-up, issuing a damning verdict:
“The belated, sluggish, and contradictory investigations lead only to indictment of two Butyrka doctors, one of them for negligently failing to diagnose diseases that Mr Magnitsky never actually had, whilst exonerating all others – including all those who were present when Mr Magnitsky died at Matrosskaya Tishina, those responsible for the failure to treat his actual, diagnosed diseases, those responsible for the beatings and for the numerous cover-ups.”
The Rapporteur finds that Magnitsky was beaten shortly before his death and brands “doubtful” the explanations presented by the Russian authorities to the contrary.
“I was told by several representatives of the authorities that Mr Magnitsky was not beaten upon his arrival at MT prison…I am not convinced by the explanations given to me during my second visit in Moscow that this document [the report about the use of rubber batons] is “out of context” and that the mentioning of rubber batons as part of the special measures used against Mr Magnitsky was purely “automatic.”… In addition, the autopsy, the testimony of Mr Magnitsky’s mother and photographs taken by family members when they were first permitted to see the body confirms that Mr Magnitsky had visible injuries on his body that had never been explained…It is therefore clear for me that Sergei was indeed beaten shortly after his arrival at MT prison, whereas the reason mentioned in the official report about the use of batons – a nervous breakdown – is doubtful both for legal and factual reasons,” concludes the Rapporteur.
“In my view, the manipulation of the initial “death act” [with reference to a suspected cerebral injury removed in one version] is a strong indication for an official cover-up. So is the rejection of the two requests for an independent autopsy made by Mr Magnitsky’s family on 17 and 19 November 2009,” says the Rapporteur.
The Rapporteur condemns as “cynical” the cover up by Russian authorities of Sergei Magnitsky’s complaints from custody detailing his ill-treatment and cites a litany of complaints and their refusals by Russian authorities, including the decision by Interior Ministry officials to “archive” the complaint without any consideration.
“Officials in Moscow…told me that Sergei Magnitsky had neither complained about his detention conditions, nor about lack of health care provided to him in detention. …Mr Magnitsky’s mother and Hermitage provided me with a long list of the complaints.. The replies speak for themselves… The complaint was assigned for review to Major Silchenko who recommended it to be archived as this complaint was “not within our competence”. Mr Silchenko’s recommendation was approved by his superior, Colonel Karlov,” writes the Rapporteur.
“In light of the well-documented, specific complaints reproduced above, I find it downright cynical that the authorities now say that Sergei Magnitsky never actually complained about his treatment in detention and the lack of medical treatment…In my view this is unacceptable,” says the Rapporteur.
The Rapporteur points out that the objective of his report is to “contribute to a better protection of individuals against lawless behaviour of state officials in future.”
The Rapporteur states that the impunity of Magnitsky killers must be unacceptable for both the Russian people and the international community.
“This result – complete “impunity of the killers of Sergei Magnitsky,” as it is formulated in the title of the motion underlying this report – is simply unacceptable… This result should first and foremost be unacceptable for the Russian people and the Russian state,” says the Rapporteur.
“The international community must not accept the outcome of this case so far. In the interest of the Russian people themselves and of their state, corrupt officials must not be allowed to plunder state property whilst brutally silencing those standing in their way, with impunity,” says the Rapporteur.
During the course of the preparation of the report, Rapporteur Gross met with Magnitsky’s family, his clients at Hermitage Capital, Hermitage’s lawyers, as well as with Russian officials, including officials in the Russian Prosecutor’s Office, Interior Ministry, Investigative Committee, and Chair of the Russian Central Bank Mr Ignatiev.
In his report, the Council of Europe’s Rapporteur states that he had asked for meetings in Russia with many more witnesses and officials but these meetings did not materialize.
“I would have liked to speak with the prison doctors, guards, the members of the civilian psychiatric emergency team and others whose testimony I could only refer to through written sources…I had provided a detailed list of these persons to the Russian authorities already before my first visit in February 2013, and again before my second visit, in May. These meetings never materialized,” says the Council of Europe’s Rapporteur in the draft report presented to the Legal and Human Rights Committee.
Andreas Gross (http://assembly.coe.int/ASP/AssemblyList/AL_MemberDetails.asp?memberID=3498) is a Swiss MP, chair of the Socialist Group of the Parliamentary Assembly of the Council of Europe, and a co-author of the 2012 report “The honouring of obligations and commitments by the Russian Federation” (http://assembly.coe.int/ASP/XRef/X2H-DW-XSL.asp?fileid=18998&lang=EN).
The report on the Magnitsky case will be discussed at the forthcoming meeting of the Council of Europe’s Human Rights and Legal Affairs Committee in the fall and used by the Parliamentary Assembly of the Council of Europe to decide on a resolution about how the Council of Europe should react to the impunity of officials in this case. The report will also be used by the governments of member states of the Council of Europe as they consider their own policy on sanctions, and other responses.
