Russian Opposition Lawyer’s Credentials Questioned

By Madeline Schiesser
Impunity Watch Reporter, Europe

MOSCOW, Russia – Anti-corruption blogger and prominent opposition figure Alexei Navalny is no stranger to butting heads with Russian authority.  His stance as one of the leaders of the opposition movement against President Putin’s 13-year rule has already garnered Navalny three criminal investigations.  However, on Wednesday, investigators levied a new accusation, accusing Navalny of having acquired his qualifications as a lawyer illegally.  Navalny denied the charge.

Prominent opposition blogger Alexei Navalny has been accused of fraudulently stating his legal credentials in order to become a lawyer. (Photo Courtesy of BBC News)

The Federal Investigative Committee, which answers directly to President Putin, claimed that Navalny provided fraudulent information regarding the two year work experience required to qualify as a lawyer.  The Committee took issue with the Navalny’s statement on his law application that he had obtained the necessary experience while he was the deputy director responsible for legal issues at Allekt, a company where he was also director.

The Committee explained in a statement on its website, “So he named himself both director and his own deputy,” and further claimed that Allekt did not exist when Navalny says he received his legal experience and that Navalny had refused to testify.

Navalny fired back on his blog, pointing out that the Committee’s statement was posted before the Committee had actually interviewed him.  Navalny web activity had already drawn the ire of the Committee.  He had previously used his blog to accuse Investigative Committee chief Alexander Bastrykhin of hiding real estate and other investments in Europe.

Navalny asserted that there are no grounds for denying him his legal credentials and condemned the charges are politically motivated.  Navalny’s lawyer, Vadim Kobzev, has further said his client received his status as a lawyer legally and that there were no reasons to deprive Navalny of his credentials.

Denouncing President Putin’s United Russia as “the party of crooks and thieves,” Navalny’s prominence and effectiveness in the opposition movement appear to have made him a target for a defensive government.  Navalny claims that Putin abuses the justice system to persecute adversaries and the parliament to adopt laws to stifle opposition.  Last week, a senior figure in the United Russia Party resigned after Navalny produced documents evidencing he had failed declare homes owned in the United States on his taxes.

Therefore, three pending investigations are currently underway against Navalny.  He has been accused of stealing timber worth more than $500,000 from a state company in 2009; embezzling up to $3.24 million from a political party in 2007; and, along with his brother, cheating a mail-transport company out of $1.79 million.

Navalny, who worked in commercial law before becoming involved in political activism, became a lawyer in 2009 when working as an adviser to Nikita Belykh, currently the governor of the Kirov region and another prominent opposition figure.

After the Investigative Committee’s announcement, the Moscow Legal Chamber, which registers lawyers in the capital city, announced it would be investigating Navalny’s credentials.

On his blog, Navalny further ridiculed the Committee, calling the allegations old and baseless: “So far, all these complaints have been unsuccessful because they contain a load of garbage that is instantly exposed under critical examination.”

For further information, please see:

Moscow Times – Navalny Fraudulently Obtained Lawyer Credentials, Investigators Say – 28 February 2013

BBC – Russia’s Alexei Navalny Accused of New Fraud – 27 February 2013

Returns – Russia Piles Pressure on Opposition Leader With New Accusation – 27 February 2013

RFE/RL – Russian Opposition Leader’s Law Credentials Questioned – 27 February 2013

Live Journal – The Blog of Navalny in English, In Russian [Original]

French Lawmakers Call on Russia to Cease “Grim Comedy” of Magnitsky Posthumous Trial Ahead of the 4 March Hearing

Press Release
Hermitage Capital

1 March 2013 – Ahead of the 4 March hearing in Moscow in the first ever posthumous trial in the history of Russia of dead whistle-blowing lawyer Sergei Magnitsky, ten French lawmakers published an open letter calling on the Russian authorities to cease this “grim comedy” echoing of “repression” and take steps to bring Magnitsky killers to justice and protect his family from intimidation.

“Magnitsky killers should not be above the law, and the grim comedy of his posthumous trial must stop. Similarly, the ongoing harassment and suffering caused to his mother and widow must stop,” said French lawmakers.

The open letter published yesterday in the weekly French magazine Marianne (http://www.marianne.net/Monsieur-le-President-les-droits-de-l-Homme-en-Russie-c-est-maintenant-_a226954.html) is signed by Bruno Le Roux, President of the ruling Socialist group in the National Assembly, Senator Jean-Vincent Place, chairman of the Green faction in the Senate, Senator Andre Gattolin, Deputy Axelle Lemaire and other lawmakers from both the French Senate and National Assembly.

“Those whom Magnitsky sought to prove complicit with the impunity denounce him today and accusing him of fraud. His trial reopened in a closed court in Moscow a few days ago sounds like an echo of repressive mobilization,” said French parliamentarians.

French lawmakers urge Russia to return to the values of Enlightenment and the European Human Rights Convention which bars posthumous proceedings as being contrary to the principle of fair trial where people cannot obviously defend themselves.

“In ancient times the dead were sometimes judged – in ancient Egypt, in medieval Italy or in France of the Ancien Régime. But in the legal tradition of the Enlightenment, “it does not suit the corpses or the memory of the dead,” and the post-mortem condemnation of an accused is precluded by the European Court of Human Rights under Article 6 of the European Convention on Human Rights ratified by the Russian Federation,” said French deputies and senators in their open letter.

In making their point about the Magnitsky case being symbolic of human rights violations, French lawmakers drew parallels between the Magnitsky’s ordeal and his prison diaries with the poignant description by Russian writer Alexander Solzhenitsyn of the Soviet Gulag.

“Fifty years ago Alexander Solzhenitsyn published One Day in the Life of Ivan Denisovich, a literary narrative of the daily life of a “zek”, a prisoner of the Gulag, describing fatalism with deprivation and torture. The same attention to detail in his presentation but with a revolt of an alive was applied by the lawyer Sergei Magnitsky to explain in the hundreds of letters from prison in Moscow his ordeal and the reasons for his innocence. But after 358 days of detention, threats, isolation, cold and lack of care the determination of this young tax lawyer came to an end, when he died November 16, 2009 at the hands of his captors.”

 

For further information please contact:

Hermitage Capital
Phone:             +44 207 440 1777
Email:              info@lawandorderinrussia.org
Website:          http://lawandorderinrussia.org
Facebook:        http://on.fb.me/hvIuVI
Twitter:           @KatieFisher__
Livejournal:     //hermitagecap.livejournal.com/

85% of French Citizens Support the Adoption of a Magnitsky Act in France

Press Release
Hermitage Capital

28 February 2013 – A major French opinion poll was published showing that 85% of the French people support the adoption of a Magnitsky Act in France. The poll results were released ahead of today’s meeting between French President Francois Hollande and Russian President Vladimir Putin to show the widespread support in France for imposing EU-wide sanctions on Russian officials involved in the torture and murder of the whistle-blowing lawyer.

In a poll conducted by the French polling organization IFOP, an overwhelming majority of French population supports the idea of introducing legislation sanctioning Russian officials who commit human rights abuses with visa bans and asset freezes – measures similar to the those already adopted in the United States under the “Sergei Magnitsky Rule of Law Accountability Act,” signed by U.S. President Barack Obama last December.

The polster asked the question: “The United States has recently passed a law to prohibit entry and block accounts and assets held by some Russian citizens suspected of crimes, but have not been pursued by the Russian justice. Would you support or oppose similar legislation to be adopted in France?,” and 85% of French respondents answered that they would support it.

Andre Gattolin, French Senator, said:  “With this type of public support we are now in a strong position to push through a resolution in the French Senate and National Assembly to freeze assets and ban visas for the Russian officials who killed Sergei Magnitsky and perpatrators of other similar crimes.”

“The overwhelming sentiment of the French public to support ban visas and asset freezes for the Russian human rights abusers will hit these people right where it counts. France is one of the key countries where they like to spend their ill gotten gains. They better enjoy their last remaining French holidays because their days of partying in Paris and Monaco are numbered,” said a Hermitage Capital representative.

 

For further information please contact:

Hermitage Capital
Phone:             +44 207 440 1777
Email:              info@lawandorderinrussia.org
Website:          http://lawandorderinrussia.org
Facebook:        http://on.fb.me/hvIuVI
Twitter:           @KatieFisher_
Livejournal:     //hermitagecap.livejournal.com/

Survey published here:
http://www.metrofrance.com/111129-Les-Francais-et-les-libertes-publiques-et-le-respect-des-droits-de-lHomme-en-Russie.pdf

IFOP polling organization:

http://www.ifop.com/?option=com_in_brief

Human Rights Watch Report Alleges Sri Lankan Military Used Rape and Torture to Obtain Confessions

By Irving Feng
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – Human Rights Watch (HRW) released a report on Tuesday alleging that Sri Lankan military forces used rape and sexual torture to get confessions out of suspected Tamil rebels during the bloody civil war between the central government and the Tamil separatist movement from 2006 to 2012.

Kariyawasam addresses the media. (Photo Courtesy of The Star)

The report documented roughly 75 cases of rape which include 41 female victims, 31 male victims, and at least three juvenile boys under the age of 18.  The victims stated that their torturers’ brutality did not cease until they confessed that they had ties to the Tamil separatist movement.

One male victim, who was a rebel fighter in the conflict and surrendered in 2009, said the Sri Lankan military inserted a metal rod along with metal balls inside his private parts.  The foreign objects were later surgically extracted from his body only after he had escaped from Sri Lanka.

Another male victim says that he suffered at the hands of the Sri Lankan military when he was still a juvenile.  The man said that he was beaten, raped, and then hung upside down while he was only 17 years old.  A female victim says she was raped as recently as one year ago in the Colombo Criminal Investigation Department.

Prasad Kariyawasam, Sri Lanka’s High Commissioner to New Delhi, spoke on behalf of the Sri Lankan government.  The High Commissioner says there is no evidence to support the statements and allegations made by the victims in the HRW report.

Kariyawasam stated that the 75 victims could possibly be economic refugees attempting to fabricate a good sob story to gain asylum into countries like Britain.  He believes that until Sri Lanka executes a proper, domestic inquiry into the allegations, the HRW report cannot be legitimate.

The HRW report, however, contained numerous medical reports on the alleged victims which confirmed their stories.  The medical reports showed evidence that the 75 victims had been subjected to sexual torture.  The victims had cigarette burns on their inner thighs, breasts, and there was also evidence that the victims had been bitten in the buttocks and breast regions.

Kariyawasam maintains that these alleged war crimes have been publicized at a convenient time because the U.N. Human Rights Council in Geneva will be voting on a U.S. supported resolution criticizing Sri Lanka’s human rights track record later this week.

The U.S. supported resolution will urge Sri Lanka to bring suspected war criminals to justice.  Sri Lanka is believed to be protecting their own military personnel who have been suspected of killing civilians during the armed conflict with the Tamil separatist movement.  Displaced Tamil refugees in Britain, Canada, and the European Union are expected to show strong support for the U.N. resolution.

For further information, please see:

BBC – Sri Lankan forces ‘raped’ Tamils in custody, study says – 26 February 2013

The Guardian – Sri Lankan military ‘still raping and torturing suspected rebels’ – 26 February 2013

Reuters – Sri Lanka security rape, torture Tamil detainees: HRW – 26 February 2013

The Star – Sri Lanka security forces rape, torture Tamil detainees – group – 26 February 2013

Syrian Revolution Digest: Wednesday 27 February 2013

The Shake!

As world leaders do their version of the Harlem Shake, fighters on the ground do theirs, and theirs seem to be far more spirited, and deadly. A policy on the devolving situation in Syria seems to get outdated by the time it is conceived. Bulletproof vests and night vision goggles in the hands of moderates will not change the dynamics of anything on the ground nor carry you any favor. Alawite and Sunni extremists are now dictating the pace of all developments, and they are not in the mood for conversation.

Today’s Death Toll: 210 martyrs, including 6 women, 10 children and 5 martyrs under torture: 106 in Aleppo with 72 in Sfeira who were field-executed, 61 in Damascus and Suburbs, 12 in Idlib, 11 in Homs, 8 in Hama, 7 in Daraa, 4 in Deir Ezzor and 1 in Raqqa (LCCs).

Points of Random Shelling: 323 points, including 23 points were shelled using warplanes, 3 points using Scud missiles, the regime’s aircrafts used the explosive barrels in 5 points while cluster bombs were used in 2 points, vacuum bombs were used in two points, phosphorous bombs [Correction: more likely incendiary cluster bombs. Local activists often confuse the two] were used in 1 point. Artillery shelling was reported in 131 points, mortar shelling in 81 points, and rocket shelling in 84 point all around Syria (LCCs).

Clashes: 138. Successful operations by FSA rebels included downing a military jet in Eastern Ghouta region in Damascus Suburbs, and targeting a major pro-Assad militia checkpoint in Kafersousseh Neighborhood in Damascus City. To the South, rebels completed their take-over of border point number 48 along the border with Jordan arresting many soldiers (LCCs).

 

News

Kerry: U.S. must help counter aid to Syria opposition from extremistsThe United States is one of about a dozen nations preparing a package of broader financial and practical support for the rebels fighting to oust Syrian President Bashar al-Assad. Kerry and other diplomats will frame the new help during meetings with Syrian political opposition leaders Thursday in Rome. The additional aid is expected to stop short of the weapons the rebels have long sought from Western backers.

U.N. Official for Refugees Says Syria Is Near Crisis “We are facing a moment of truth in Syria,” the official, António Guterres, the United Nations high commissioner for refugees, told the Council at a closed session in remarks that were later published on his agency’s Web site. “The humanitarian situation is dramatic beyond description. The refugee crisis is accelerating at a staggering pace.” Mr. Guterres was one of three senior United Nations officials who briefed the Security Council, painting what some diplomats later described as a chilling description of the fates of civilian victims of the nearly two-year-old uprising against President Bashar al-Assad.

Britain can give military support to Syrian rebels after EU changes EU sanctions to allow greater assistance but opponents of Assad say they need more from the international community

Tony Blair calls for UK intervention in Syria crisis In the second part of a wide-ranging interview Newsnight presenter Kirsty Wark talks to the former UK Prime Minister Tony Blair about the crisis in Syria, the revolutions across the Middle East, and his role as the Middle East envoy representing the EU, UN, US and Russia. Kirsty begins by asking Mr Blair at what point he realised there were no weapons of mass destruction in Iraq.

Syrian opposition set to attend Rome talks The Syrian opposition has decided it will attend an international summit in Rome which it initially announced it would boycott. US Secretary of State John Kerry and British Foreign Minister William Hague have successfully convinced Syrian Opposition Council President Moaz Al-Khatib to attend Thursday’s talks. The group had previously announced it would boycott the talks because of “the world’s silence” over the violence, as Jim Muir reports from Beirut.

Syrians Describe Apparent Missile Strikes on Aleppo The new reports come weeks after experts told The Lede that video of a huge explosion at Aleppo University last month suggested that the campus had been hit by a ballistic missile.

Syria humanitarian crisis worsening day by day, warns Oxfam UN ‘worst case’ of more than a million Syrian refugees displaced to neighbouring nations could be reached in weeks, says charity

Syria agrees to renew passports of overseas citizens The state-run news service announced that the Interior Ministry had directed that expired passports be renewed for two years “regardless of the reasons that had earlier prevented their renewal, and without obtaining the necessary authorizations.”

Once a curiosity, captured tanks are a growing part of Syrian rebels’ arsenal The rebel use of captured tanks and armored personnel carriers was first noticed last summer, though the engagements then were often short. One battle that this reporter witnessed in June outside the city of Talbiseh south of Kfar Nbouda ended quickly when government helicopters destroyed two armored personnel carriers the rebels had captured and turned on government soldiers. Since then, however, rebels have captured dozens, if not hundreds, of tanks and armored vehicles and have become adept at using them to attack Syrian government positions. The prevalence of rebel armor – in rebel-held areas it’s now common to see tanks and other armored vehicles parked in alleyways and orchards or covered with foliage to camouflage them from airstrikes – belies the common image of the rebels as vastly outgunned by a superior government force.

 

Special Reports

Elegant Damascus, besieged by both sides
Many feel trapped between an unloved authority in the form of the 43-year-old Assad dynasty and hungry revolutionaries at the gates, who resent the city’s privileged lifestyle.

Criminals cash in on Syria’s chaos with kidnappings and ransoms
Not all of the kidnappings in Syria are politically driven. In lawless areas not held by either the government or opposition, kidnappers are increasingly driven by cold cash.

In Syria, US mission creep with moral creep
President Obama is leaning toward providing nonlethal military equipment to certain rebels in Syria. Doing so runs moral risks. But doing nothing to stop the violence is also a moral risk. Can the US walk this fine line?

Has Syria become Obama’s Rwanda?
As Obama and the senior members of his national security team consider the memoirs they will inevitably write and the speeches they will invariably give after leaving office, they might reflect now on what they will later say about their greatest regrets. At or near the top of that list will likely be “Syria.” So why not do something about it now, before Syria becomes permanently mentioned in historical ignominy alongside Rwanda?

SEN. ROBERT P. CASEY, JR. Ending the Syrian War: It’s time for the United States to do what is necessary to bring down Bashar al-Assad’s regime.
We can and should do more to support the Syrian people and the armed opposition. There are democratically-oriented leaders among its ranks, which we should empower not only against the Assad regime but against the growing threat of radical Islamists in the country.

My new paper, prepared for a briefing in Washington, D.C. that took place on January 15, 2013, is now out and is titled “Syria 2013: Rise of the Warlords.” It should be read in conjunction with my previous briefing “The Shredded Tapestry,” and my recent essay “The Creation of an Unbridgeable Divide.

Washington’s last chance to help Syria
In its latest editorial, the Washington Post argues for real political and military intervention by the Obama Administration. A policy of toe-dipping will not help at this stage.

If the Obama administration is to lead on Syria, it must commit itself to steps that can bring about the early collapse of the regime and its replacement by a representative and responsible alternative. Only direct political and military intervention on the side of the opposition can make that happen.

Personally, and on the basis of available leaks, I don’t believe that the new policy will mark much of a departure from the current do-nothing policy:

In Washington, activists who have lobbied for US support said the latest promises fell well short of the action needed to topple Assad and ensure moderate rebel groups won the day.Ammar Abdulhamid, a Syrian dissident, said: “Bulletproof vests and night vision goggles will help you become a more effective fighter, but they will not protect you from MiGs, tanks and Scuds, or enable you to destroy them.”

Islamists Gain Momentum in Syria: After U.S. Efforts to Bolster Moderates and Subdue Extremists, Terrorist-Designated Group Gains Ground
They control airports, dams and oilfields. They are using confiscated tanks and armored vehicles in their operations, and are in possession of helicopter gunships and MiGs, booty from their recent take-over of Al-Jarrah Airport in Aleppo which they have yet to use. Last weeks, they have reportedly come into the possession of two Scud missiles after taking control of what remains of Al-Kibar nuclear facility, which had been bombed by Israel in 2007. It’s not clear whether they managed to get a launch-pad as well. Islamists affiliated with Jabhat Al-Nusra, the Syrian Islamic Front, and other smaller groupings, are emerging as the dominant force on the ground, and probably make more than half the actual functioning rebel force.

Finding a solution in Syria is no longer about arming moderates, although they do need to be armed to remain relevant, if not just to survive, it’s about adopting a political strategy to bring the different parties to the negotiating table, including the extremists from both sides of the growing sectarian divide.

In the two months since the U.S. designation of Jabhat al-Nusra, the group’s fighters took control of one of the Taftanaz air base in Idlib, one of largest government air bases in northern Syria, where they seized tanks, helicopters and ammunition. They also took over the Jarrah airfield outside Aleppo, which gave them access to dozens of warplanes, according to rebels who took part in those battles.

In northern Syria, the Syrian Islamic Front coalition, alongside Jabhat al-Nusra fighters backed by Tunisian, Libyan, Iraqi and Chechen jihadists, continue to score the biggest gains, rebels and U.S. officials said.

The Islamist coalition led the takeover of Syria’s largest dam this month, giving them control over the electricity supply to the rebel-held east and north.

Jabhat al-Nusra, with its own fighters and the foreigners it has attracted, is now seen as the most powerful force in these rebel areas, along the Turkish and Iraqi borders.

Western-friendly opposition leaders said their inability to convince the U.S. and others to intervene in the war has discredited them among fighters and the Syrian public, making it hard to take control. Moderate rebels continue to report occasional battlefield gains, but the group is geographically scattered and far from unified, rebels said.

The Islamists’ December meeting in Turkey, meanwhile, led to the creation of the Syrian Islamic Front, a group that has become the most effective Islamist military coalition.

The meeting was also aimed at making sure the Western-friendly rebels weren’t the only ones with political leaders poised for a post-Assad Syria, coalition members said.

“We have a full political project for a modern Syria,” said a political representative for the Syrian Islamic Front, from the group’s new headquarters in Istanbul. He said Islamist rule was the right of a country with a majority-Muslim population, but that the rights of minorities would be protected.

The U.S. and others in the Friends of Syria will now have a harder time bolstering moderates, analysts said…

Islamists say the Western concept of a secularist Syrian rebel is misguided, in a Muslim nation. “There is no such thing as a secularist fighting on the ground,” said Abu Muhammad, a leader with an Islamist group. “In the next phase, the Syrian people won’t just welcome radicals. They’ll welcome the devil himself if he’ll help in the fight.”

As atrocities pile up, Syrians collect evidence
David Crane has been playing an amazing role supporting the cause of transitional justice in Syria. He does much quietly and behind the scenes, but his efforts have been instrumental in preparing us for the complexity of the task ahead.

A whole range of groups have accelerated a campaign to gather evidence of war crimes including torture, massacres and indiscriminate killings in the Syrian regime’s war against rebels, hoping to find justice if President Bashar Assad falls. Some talk about referring the cases to the International Criminal Court or forming a special tribunal, but many in Syria hope that it’s all laid out in the country’s own courtrooms….

David M. Crane, a former prosecutor at the Sierra Leone tribunal, which indicted former Liberian President Charles Taylor in 2003, said among the challenges is the multitude of inexperienced activists collecting a flood of evidence in an uncoordinated way.

To help with building a case for a future prosecutor, Crane created an organization called the Syrian Accountability Initiative.

“We have mapped the entire conflict, we have built a crime base and we have actually sample indictments for whoever will get the case, be it a Syrian or international prosecutor,” said Crane, an international law professor at Syracuse University in New York state. He said that the information is being shared with the International Criminal Court, the United Nations and the Syrian opposition.

 

Video Highlights

In Damascus City, the pounding of Jobar Neighborhood by pro-Assad militias using missile launchers http://youtu.be/O2E_bSO2xSA ,http://youtu.be/3C8Y7kv4Pkg A sample of the missiles usedhttp://youtu.be/NMVPYbjKcVQ

Meanwhile, in the Yarmouk Camp, Palestinian fighters defect from the ranks of Ahmad Jibril’s loyalist movement to form a pro-rebel unit http://youtu.be/WqY-SNzxXrg

In Idlib, the town of Saraqib came under intense shelling by MiGs and missileshttp://youtu.be/fggMFBjACNY Scenes of devastation http://youtu.be/7-OjIJikR9EIncendiary cluster bombs were used, activists still confuse them with white phosphorous bombs http://youtu.be/JVaTsNSx0ro

In Aleppo City, rebels and loyalist clash in the neighborhoods surrounding the Aleppo Citadel http://youtu.be/pzdcbqOqcHQ , http://youtu.be/OGb1Oz_wYOw ,http://youtu.be/Eq9hK4UGewQ

The pounding of Jabal Al-Akrad region in North Lattakia continueshttp://youtu.be/JacpG9aR_-8

The pounding of Deir Ezzor City continues: Al-Hawiqa neighborhoodhttp://youtu.be/Oc9TWg87Nu4 , http://youtu.be/DPcVH4p8Jg8

Syrian activists in Idlib do the Halrem Shake http://youtu.be/T-v0sT2FG3Y