Russian Court Acquits Doctor Charged with Negligence in Magnitsky Death; Posthumous Trail Against Magnitsky Begins

By Madeline Schiesser
Impunity Watch Reporter, Europe

MOSCOW, Russia –  A Russian court has acquitted the only person to be formally tried in the death of Sergei L. Magnitsky, a Russian lawyer who died in prison three years ago after uncovering tax fraud by Russian officials.  Dr. Dmitry Kratov was head of medical services at Butyrka Prison, where Magnitsky was held, and had been accused of negligently refusing requests to treat Magnitsky’s life-threatening hepatitis, diabetes, and heart condition.

Dr. Kratov, the prison medical officer accused of denying Magnitsky medical attention. (Photo Courtesy of RFE/RL)

Last Monday, prosecutors, in an unusual move, asked for charges to be dropped against Kratov, with which the court agreed Friday.  The prosecutors changed direction, no longer pressing for a conviction, four days after Russian President Vladimir Putin stated at a news conference that Magnitsky had died of natural causes and was not tortured in prison.

The Moscow Tverskoy District Court Judge, finding no connection between Dr. Kratov’s lack of medical care and Magnitsky’s death, further stated that Kratov could sue the government for illegal prosecution.

However, according to Nikolai Gorokhov, a lawyer representing the Magnitsky family, Kratov signed paperwork to refuse Magnitsky’s repeated requests to be moved from prison to a hospital.  Furthermore, Gorokhov claims that Kratov was aware that Magnitsky had been diagnosed with pancreatitis and gallstones five days before Magnitsky’s death.

Furthermore, prosecutor Dmitry Bobkov earlier stated that Kratov “failed to organize the necessary diagnostic and treatment measures, which resulted in Magnitsky’s death,” but also claimed that Kratov never received complaints from Magnitsky nor was informed by staff members.

60 Russian officials were implicated by the United States Helsinki Commission as allegedly playing roles in Magnitsky’s death.  Charges were brought against some of those 60, but dropped earlier this year against all, including another doctor, except Kratov.

Magnitsky’s employer, Hermitage Capital, issued the following statement Friday: “There is no doubt that people responsible for Magnitsky’s death are being protected by the president of Russia . . . Now that President Putin is personally involved in the obstruction of justice in a major case of extrajudicial killing, he will have to face the consequences of his actions.”

Instead, it is the late Magnitsky who faces judicial prosecution.  After blowing the whistle in 2008 on a $230 million tax scam by Russian tax and police officials against his employer Hermitage Capital, Magnitsky was promptly thrown in prison by those he had accused on charges of the very same tax fraud he had uncovered.  Although the case was closed after Magnitsky’s death, it was again reopened in August 2011.  In February 2012 investigators then announced plans to try the deceased Magnitsky, and in November prosecutors sent the case to court.

Magnitsky and his employer, London-based head of Hermitage Capital William Browder who is being tried in absentia, are accused of $17.1 million in tax evasion.

Last week, Russian prosecutors went ahead with the beginning of the posthumous fraud trial against Magnitsky before the Tverskoy District Court (the same court which acquitted Kratov).  However, the preliminary hearing in the case was postponed until January 28th because the defense lawyers representing the Magnitsky family refused to participate, citing the illegality of trying a dead man.

Gorokhov, who continues to represent the Magnitsky’s family, has stated that he has “no plans to participate in an unconstitutional affair.”

Gorokhov has argued that posthumous legal proceedings are only appropriate if aimed at quashing a previous conviction or rehabilitation.  According to Gorokhov, to continued fraud probe against Magnitsky, which was initiated by prosecutors despite requests by Magnitsky’s relatives to the contrary, also violates a decision by Russia’s Constitutional Court.

Browder, who has campaigned to punish those allegedly responsible for Magnitsky’s death, denounced the fraud trial as “an act of reprisal against those who exposed the criminal group of corrupt officials.”

For further information, please see:

Rights in Russia – Write to Your MP on the Sergei Magnitsky Case – 1 January 2013

Moscow Times – Former Butyrka Doctor Acquitted of Negligence Charges in Magnitsky Case – 28 December 2012

New York Times – Russian Acquittal Escalates Human Rights Feud With U.S. – 28 December 2012

RFE/RL – Moscow Court Acquits Doctor In Magnitsky Case – 28 December 2012

ABS-CBN News – Russia Puts Dead Lawyer on Trial – 27 December 2012

Syrian Revolution Digest: Tuesday, 1 January 2012

Return to Arrogance!

Syrian Revolution Digest – January 1, 2013 

We don’t need America to be the world’s “top cop,” we just need her, and each member of the global community, to realize that there are certain humanitarian and moral obligations that they simply cannot ignore without major consequences for all. Leadership is not convenient, and often it is not even a choice, at least not in the ethical sense.

Today’s Death Toll: 136 (including 6 women and 16 children)

42 in Damascus and suburbs, 44 in Hama including 23 martyrs from the village of Maan and 16 from Hasraya, 15 in Deir Ezzor including 9 unidentified martyrs in the village of Hatla, 12 martyrs in Homs including an entire family from Deir Baalba, 8 in Daraa, 9 in Aleppo, 4 in Idlib, 1 in Lattakia, and 1 in Raqqa.

Points of Random Shelling: 287

22 areas were subjected to aerial shelling. In 5 areas, the LCC documented barrel bombing, 2 areas were subjected to cluster bombs; and 1 area was subjected to thermobaric bombing. Mortar shelling was reported in 125 areas and followed by artillery shelling in 98 locations. 38 areas were subjected to indiscriminate missile attacks.

Clashes: 133

In Damascus, rebels downed a MiG in Eastern Ghouta and liberated the Khansaa School, which represents the first line of defense at Wadi Al-Deif and the regime withdrew from the checkpoints at Al-Hameh and Al-Bouhamid. In RAqqa, rebels were able to seize control of the Toubian gas field in southern Raqqa. In Hama, rebels repelled a military convoy that was heading to Mourek. In Aleppo, rebels seized control of most of the military airports and issued a warning that they would target the international airport in Aleppo (LCCs).

 

News

Clashes in Syria shut down Aleppo airport

Syria’s grim toll continues into 2013

Syria ushers in New Year with more violence

Syrian Military Mounts Offensive in Suburb of Damascus

 

Special Reports

Why Russia Won’t Help on Syria
Many people in the Russian foreign-policy establishment believe that the string of U.S.-led interventions that resulted in regime change since the end of the Cold War — in Kosovo, Afghanistan, Iraq and Libya — are a threat to the stability of the international system and potentially to “regime stability” in Russia itself. Russia did not give its imprimatur to these interventions, and will never do so if it suspects the motive is removal of a sitting government. The notion that Russia could eventually be the target of such an intervention might seem absurd in Washington, but suspicion of potential future U.S. intentions runs deep in Moscow. Therefore, Russia uses what power it has to shape the international system — particularly, its permanent seat on the U.N. Security Council — to avoid creating a dangerous precedent that could eventually be used against it.

As Regime Teeters, Jews Mull Outreach to Rebel Fighters
“There are many in the opposition who believe that Israeli concerns over change in Syria are, in part at least, behind the lack of a more proactive response by the international community to the situation in Syria,” said Ammar Abdulhamid, a Syrian pro-democracy activist. Abdulhamid is a fellow at Foundation for Defense of Democracies, a non-partisan Washington think tank that serves as an academic home for many neo-conservative thinkers. The group has emerged as one of the key players in forging ties with the budding Syrian opposition and urging a more active U.S. role in bringing about the demise of the Assad regime… “The agreed line by the opposition is that the status quo in the Golan Heights will be maintained until conditions permit for organizing peace talks,” said Abdulhamid, referring to Israel’s occupation of that area since the 1967 Six Day War. This approach could satisfy Jewish and pro-Israel groups whose focus on Syria’s future government in any event prioritizes other concerns.

Reflections On A Difficult Time: Spending New Year’s In Damascus
With all the absurdities of war, we still felt like something was missing in receiving the new year. But with barely eight guests in the hotel, the bar and cafe had been closed for months. So we ordered two coups of champagne from room service, and held up our glasses for better days.

Borzu Daragahi: How to defend Bashar Assad in 10 easy steps
Return to Arrogance

In his defense of the Obama Administration’s stance on Syria, Aaron David Miller makes this “erudite” argument:

We should not be the world’s top cop or caseworker, charged with fixing every calamity. We don’t control history. And it’s time we attend to our own broken house instead of running around the world trying to repair everyone else’s.

This is the kind of argument that was probably made by the American aristocracy in the first half of the 20th Century regarding “intervention” in certain parts of their country and their cities. It was wrong then, not to mention classicist and racist, it is wrong now, and equally classicist and racist. This is world has grown too small and our destinies too interlocked for this kind of argument to be of any relevance or make any sense.

Indeed, not long ago, international leaders acknowledged this fact by endorsing a new legal notion designed to help them tackle exactly the kind of scenarios currently unfolding in Syria: The Responsibility to Protect. Of course, now, all are rushing to bury their heads in the sand, making up all different sorts of justifications as they go along. But world leaders, especially the American leader, cannot escape culpability and responsibility.

After all, all acknowledged the Assad regime’s role in the assassination of former Lebanese PM, Rafic Al-Hariri and his ongoing support for a variety of terrorist organizations around the world, especially in Iraq and Lebanon. Yet, with encouragement from the Democratic Establishment in the United States (under the leadership of Senator John Kerry and Congresswoman Nancy Pelosi), even before Senator Obama became President, the world abandoned its policy of isolating the Assad regime and began circulating the idea that he was a reformer in the face of all evidence to the contrary. President Obama pursued this policy of rapprochement down to the dawn of the Revolution.

American officials were willing to ignore facts in order to pursue an illusion, and now they are doing the same. The facts of the Syrian Revolution are simple: this was not a sectarian movement, nor a civil war nor a radical uprising. But through dithering and downright cowardice, it was allowed to degenerate into the mayhem we see today because Assad was given every leeway to crackdown with impunity.

Miller is right in noting that the situation in Syria was quite different from Libya and that intervention in Syria is a more complicated affair and carries more risks. But the ethical imperative for the intervention and for America’s leadership in this matter is nonetheless clear. President Obama might want to turn his back on this, and he is not alone of course, but do spare us your hypocritical rationalizations.

 

Video Highlights

Leaked video shows pro-Assad militias killing two captives by stabbing them repeatedly laughing all the while http://youtu.be/PBHtjwXQUCQ It’s atrocities likes these coupled with global indifference that helped transform the nonviolent protest movement into a sectarian conflict. But indifference and hand-wringing in the face of such impunity will beget a backlash sooner or later, at which time the perennial “why do they hate us?” will make it usual appearance, and I doubt there will many sympathizers.

U.S. Overlooks Bloodshed in Syria at its Own Peril

By Andrew Beiter (repost from The Buffalo News)
During World War II, a Polish Catholic social worker named Irena Sendler and her network of allies rescued 2,500 Jewish children from the Warsaw Ghetto in Poland. When asked years later where she got her courage, Sendler harkened back to something her father had told her: “Always remember, my darling Irena, that if you see someone drowning, you must rescue them – even if you cannot swim.”

It doesn’t require too much imagination to guess what Sendler might say today about the worsening situation in Syria. Since the rise of the Arab Spring almost two years ago, the dictator Bashar Assad and his forces have killed more than 30,000 Syrians, with well over 1 million fleeing for their lives to neighboring refugee camps. The crisis is yet another test of our humanity and the future of the world.

What makes the issue even more incredible is that the revolt was started in the town of Daraa by a group of 9- to 12-year-old boys, who brazenly wrote on the side of their school, “The people want to topple the regime.” The students’ efforts were followed by other Syrian children who courageously pressed their painted green hands against the walls of their community as a sign of symbolic protest.

In addition to our shared humanity, what’s at stake for America is that due to the world’s inaction, the rebel movement is now contaminated by al-Qaida and other Islamist forces – all of whom have enthusiastically filled the vacuum that we have chosen to ignore. In short, we overlook Syria at our own peril. At best, the situation there can now be deemed a civil war; at worst, a petri dish where extremism will be grown for a generation.

As for what to do, readers can follow and friend the group I Am Syria that was started by a group of young Western New Yorkers. Concerned citizens can also send a tweet to their elected officials, or call the free 1-800-GENOCIDE hot line, which allows them to encourage their leaders to work for the most peaceful solution possible. Tell them that Syria matters and that you care. As the late Illinois Sen. Paul Simon once said about the genocide in Rwanda, “If every member of the House of Representatives and Senate had received 100 letters from people back home saying we have to do something, then I think the response would have been different.”

Why is all this important? The U.S. Holocaust Memorial Museum has a saying that “What you do matters.” When one human being suffers, it affects us all. As Buffalonians, we celebrate the role that foreigners such as the Marquis de Lafayette and General Casimir Pulaski had in assisting our American Revolution. Now, for our brothers and sisters in Syria, let us in some way do the same.

Andrew Beiter lives in Hamburg and is the director of the Summer Institute for Human Rights and Genocide Studies in Buffalo.

Church Bombing in Libya Kills Two

By Heba Girgis
Impunity Watch Reporter, Africa

TRIPOLI, Libya—On Monday, December 31, Libya’s Christian community was in shock after a Coptic church was attacked near the city of Misrata. Two Egyptians were killed n the bombing and fear continues to grow of rising extremism. The priest of the church, Markos Zaglul Boules said, “When we were praying we heard the explosion which struck a side room of the church used for services.” “I am very sad for this cowardly and criminal act and the loss of our sons,” he continued.

The scene of the blast. (Photo Courtesy of World News Australia)

The church is located in the Mediterranean town of Dafinya. It was built between 1936 and 1937 during the Italian colonial rule. The church is popular among Egyptians living in Libya. Libya, as a whole, has a small Christian population that is composed mainly of foreigners. This group includes migrant workers from Egypt, where Coptic Orthodox Christians are the largest religious minority.

Pastor Dominique Rezeau of the St. Francis Catholic church in Tripoli, noted that, “This is the first time we see such an attack. Christians never had a particular problem in Libya before or after the revolution.” “Everyone should be concerned. Especially if you look at the trend in northern Nigeria,” the pastor continued.

With the recent series of attacks against diplomatic missions and aid agencies, attacks against Sufi shrines and mosques, the country begins to fear the growth militant extremist groups. Before the uprising that overthrew Kadhafi, the country had a population of around 6.3 million, including about 1.5 million African immigrants many of whom fled during the fighting—these numbers included 97 percent Muslim and only about 3 percent Christian.

Karim Bitar, an expert, analyzed the situation finding that, “the worry is that Christians in Libya…be but the first to suffer from the Libyan central government’s endemic weakness and the proliferation of armed militias.” “We in Misrata consider this act a crime, an un-Islamic and inhumane crime,” noted Colonel Hadi Shaklawun, who is the head of national security in Misrata. He also said that no one has been detained so far, but the investigation continues until those responsible are accounted for.

 

For further information, please see:

Catholic World News – 2 Dead Following Church Bombing in Libya – 2 January 2013

World News Australia – Deadly Church Blast Rocks Libya – 1 January 2013

Kuwait News Agency – Qatar Condemns Egyptian Church Bombing in Libya – 31 December 2012

BBC News – Libya Coptic Church Blast Kills Two Egyptians – 30 December 2012

Egyptian Satirist Could Face Prosecution for “Insults” Against Morsi

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

CAIRO, Egypt — Popular Egyptian satirist Dr. Bassem Youssef was investigated by prosecutors on Tuesday for allegedly insulting President Mohamed Morsi.  A judicial source said that prosecutors initiated their investigation when his show, Al-Barnameg, poked fun at the issue of Morsi’s extensive power creation during the months of November and December.  The charges in the formal complaint brought against Youssef state that he made the jokes with the purpose of “undermining the standing” of Morsi.

Egypt filed a complaint against Bassem Youssef for “insulting” Egyptian President Mohamed Morsi. (Photo Courtesy of Al Arabiya)

The case is likely to come under public scrutiny, as Egypt has been heavily criticized because of its lack of press freedoms.  The case was transferred to a Cairo prosecutor after Ramadan Abdel Hamid al-Aqsari, a lawyer, filed the initial complaint.  This is not the first time he raised a complaint against an entertainer.  In the past, Aqsari tried to sue a range of media personalities and politicians.

Aqsari brought forth his complaint because of separate sketches in which Youssef portrayed Morsi as a pharaoh, nicknamed him “Super Morsi” for retaining both executive and legislative powers, and, for putting the president’s image on a pillow that was used to parody his speeches.

Youssef, a doctor, rose to fame after creating a satirical online program following the Egyptian uprising that resulted in the overthrow of ex-President Hosni Mubarak.  Youssef’s program has been compared to the Daily Show in the U.S.

Youssef has been the subject of a number of complaints in the past, none of which resulted in his prosecution.  It is possible that the most recent complaint will follow the trend.

In an interview with Al Arabiya, Youssef said that his show is merely satirical, and that it is not his aim to criticize anyone.  “I don’t criticize, I satirize.  I make fun, which is even more shocking.  Whoever is in authority will have to deal with our program,” said Youssef.

He acknowledges the criticism that he receives from the Muslim Brotherhood, whom he considers to be Egypt’s right wing.  “Our right wing here in Egypt is different from the U.S. because people here are more emotional about religion, they can’t differntiate between politics and religion.  The Muslim Brotherhood and the Salafis are the right wing, I don’t deal with them as religious groups but as political groups,” he said.

Human rights activists believe that the State’s complaint against Youssef is only “the latest in a series of criminal defamation cases that bode ill for free speech as Egypt reshapes its institutions after Mubarak was toppled.”  Heba Morayef, the Egypt director of Human Rights Watch, believes that there will be an increase in the number of cases similar to the one against Youssef.  “The problem is now we are more likely to see an increase in this because criminal defamation is now embedded in the constitution,” she said.

For further information, please see:

Al Arabiya — Egyptian Comedy Show Host Investigated Over Mursi Insult — 2 January 2013

Al Bawaba — Egyptian Political Satirist Under Scanner for ‘Mocking’ Morsi — 2 January 2013

Al Jazeera — Egypt Cracks Down on Satirists and Media — 2 January 2013

BBC News — Popular Egypt Satirist Accused of Mocking President — 2 January 2013