Amnesty International Slams Russian Government’s Posthumous Prosecution Of Sergei Magnitsky

Hermitage Capital Press Release
Originally Sent April 6, 2012

On the eve of April 8th, which would have been the 40thbirthday of the late Russian whistle-blowing lawyer Sergei Magnitsky, Amnesty International has publicly called on the Russian Government to stop his posthumous prosecution, and to bring his oppressors and those pressuring his family to justice.

“On 8 April 2012, lawyer Sergei Magnitsky would have turned forty. He died over two years ago, after months of ill-treatment and having suffered multiple human rights violations. For many in Russia and beyond, his death in custody in November 2009 has come to symbolize the injustices associated with Russia’s malfunctioning criminal justice system and widespread corruption,” said Amnesty International in its public statement. (http://www.amnesty.org/en/library/asset/EUR46/015/2012/en/6f21ef79-67fe-4014-a084-0f3e8fe8e95f/eur460152012en.pdf).

Amnesty International stressed in its statement that the Russian justice system has consistently failed to protect Sergei Magnitsky and his family from gross rights abuses.

“The [Russian] justice system has not only failed to uphold and protect his rights, but it has also been abused since to continue to violate his, and now his family’s rights in the form of his posthumous criminal prosecution, and by trying to force his close relatives to take part in this process,” said Amnesty International.

Amnesty International described the posthumous prosecution of a dead lawyer as a violation of international and national laws, and demanded that the Russian government stop the posthumous prosecution and stop pressuring his family.

“Amnesty International is calling on the Russian authorities to take immediate steps to rectify these injustices and stop the posthumous criminal prosecution of Sergei Magnitsky, and bring all those responsible for his death to justice,” said Amnesty International in its statement.

Amnesty International went on to say:

“Sergei Magnitsky’s relatives…and Russian and international human rights law regard him as innocent in virtue of the principle of the presumption of innocence, and no court decision is needed to confirm this…The posthumous criminal prosecution of Sergei Magnitsky must stop, and the pressure on his family in connection with their objections to this must cease.”

The Magnitsky family has been unable to stop his posthumous prosecution through the Russian legal system in spite of over 25 petitions filed with the Russian General Prosecutor’s Office, the Russian Interior Ministry and the Moscow courts protesting the illegality of the prosecution. All  petitions have been denied by the authorities. Earlier this week, on 3 April 2012, Judge Yulia Bobrova of the Ostankinsky District Court of Moscow approved the decision of the prosecutors to open a case against Sergei Magnitsky after his death in spite of the fact that he can’t defend himself. Judge Bobrova also sided with prosecutors allowing them to continue to treat Magnitsky’s mother and widow as defendants in this case.

The Russian court system has denied Sergei Magnitsky and his family any measure of justice. Last year, 14 Russian judges, including the chair of the Moscow City Court, Olga Egorova, refused all petitions from the Magnitsky family seeking access to his case file and to his tissue samples for an independent medical examination. When Sergei Magnitsky was still alive, 11 Russian judges rejected his 40 petitions about his unlawful arrest and repression by the officers he had accused of $230 million corruption.

In spite of the findings of gross human rights violations by the Russian President’s Human Rights Council, the Russian Interior Ministry and General Prosecutor’s Office “established no wrong-doing” in the actions of law enforcement officials who arrested and tortured Sergei Magnitsky to death in custody.

Amnesty International is now demanding that the allegations of the arbitrary criminal prosecution of Sergei Magnitsky made by the human rights activists are investigated “immediately, effectively and impartially”, and that “all those found responsible brought to justice”.

So far all Russian investigations in this case remain under control of Viktor Grin, Deputy General Prosecutor of Russia and Number 33 on the U.S. Helsinki Commission list of Russian officials involved in the torture and murder of Sergei Magnitsky and the corruption he had uncovered. Viktor Grin ordered the posthumous prosecution of Sergei Magnitsky on 30 July 2011, which was three days after he and other Russian officials were banned by US State Department for their role in the Magnitsky case, and was seen as an act of personal retaliation.

The case is also controlled by first deputy chief of the Interior Ministry’s Investigative Department Tatiana Gerasimova, who was named by the U.S. Senators last November for her role in the Magnitsky case in a petition to the U.S. State Department seeking to ban her U.S. visa.

“In pursuing the posthumous case against Sergei Magnitsky, Russian authorities have rejected the conclusions from the Russian President’s Human Rights Council. It is clear that no justice is possible and no investigation can be impartial and independent as long as it remains controlled by the same officials and bodies who committed crimes against him. To recognise that Magnitsky was right for them, means to recognise that they themselves had been wrong and committed grave crimes,” said a Hermitage Capital representative.

 

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Statement on Sergei Magnitsky on Amnesty International’s website:

http://www.amnesty.org/en/library/asset/EUR46/015/2012/en/6f21ef79-67fe-4014-a084-0f3e8fe8e95f/eur460152012en.pdf

ICC Denies Palestine’s Request Until UN Status Changes

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

GAZA CITY, Israel – On Tuesday, 3 April, the International Criminal Court (“ICC”) denied the Palestinian Authority’s request for the ICC to have jurisdiction within the Palestinian territories.  The Palestinian Authority wanted The Hague’s war crimes tribunal to investigate the 2008-2009 Gaza War where 1,400 Palestinians and 13 Israelis lost their lives.

Gazans run from an Israel air strike on 17 January 2009. (Photo Courtesy of Haaretz)

The Israeli foreign ministry commented that the country applauded the ICC’s decision although Israel is not a member of the ICC.

The Palestinian Authority declared the ICC has unilateral jurisdiction for “act committed on the territory of Palestine since 1 July 2002” in January 2009.  After reviewing the Rome Statue, the ICC’s founding treaty, ICC Chief Prosecutor Luis Moreno-Ocampo announced the ICC did not have jurisdiction within Palestine.  Article 12 of the Rome Statue specifies only a “state” can extend the ICC’s jurisdiction to its state.

The Palestinian Authority could sign the 1998 Rome Statue after Palestine qualifies as a “state” by the “relevant bodies” by ICC member countries or at the UN.  The Palestine Liberation Organization (“PLO”) presently holds an “observer” status rather than a “non-member observer state” status at the UN although over 130 governments recognize Palestine as a state.

Amnesty International warned that this decision could deny justice to the victims of alleged crimes from Palestine and Israel that occurred during the Gaza war.

Marek Marczynski, head of the International Justice campaign, said, “This dangerous decision opens the ICC to accusations of political bias and is inconsistent with the independence of the ICC.  It also breaches the Rome Statue which clearly states that such matters should be considered by the institution’s judges.”

On Wednesday, 4 April, Chief Prosecutor Moreno-Ocampo clarified that Palestine could sign the Rome Statue if it received the UN status of non-member observer state.  The UN Security Council has not voted on the membership application Palestine submitted on 23 September 2011.  The United States asserted it would veto the application.  However, the General Assembly would likely approve an application for non-member observer state status if it submits one.

If Palestine receives this new status, Israel could avoid ICC intervention on this matter because Israeli courts have the capacity to try troops for the alleged crimes from the Gaza war.  However, the ICC could later investigate possible violations that occur within the settlements, where the Israeli courts would have less credible means to handle the matter.

Human Right Watch’s Executive Director Kenneth Roth stated, “Today’s decision appears to close the door for now on access to the ICC for victims of international crimes committed in the Palestinian Territories – at least until the General Assembly recognizes Palestinian statehood.”

For more information, please see:

BBC – ICC Prosecutor Rejects Palestinian Recognition – 4 Apr 2012

The Times of Israel – Israel Won The Battle At The ICC, But Not The War – 4 Apr 2012

Washington Post – AP Interview: Prosecutor Says Palestinians Could Join ICC As A UN Non-Member Observer State – 4 Apr 2012

The Chicago Tribune – Hague Court Rejects Palestinian Call To Take On Cases – 3 Apr 2012

 

Colombian Rebel Group Releases 10 After Over A Decade In Captivity

By Paula Buzzi
Impunity Watch Reporter, South America

VILLAVICENCIO, Colombia – 10 hostages, including six police officers and four soldiers, were freed this week after being held in captivity for over a decade in the Colombian jungle by the leftists Revolutionary Armed Forces of Colombia (FARC).  Their release comes after numerous failed peace negotiations with the Colombian government and the FARC’s announcement on February 26 that it would halt ransom kidnappings.

Many of the hostages released today were accompanied by nurses, some carrying the Colombian flag, and others carrying wild animals they had tamed during their captivity in the jungle. (Photo Courtesy of Fox News).
Many of the hostages released April 2 were accompanied by nurses. Some carried the Colombian flag, and others carried wild animals they had tamed during their captivity in the jungle. (Photo Courtesy of Fox News).

The freed hostages were picked up in a secret jungle rendezvous point in Villavicencio by a loaned Brazilian air force helicopter, and were taken to Bogota to be reunited with their family and friends. Some of the hostages were unable to walk on their own and had to be accompanied by nurses.

Olivia Solarte, the mother of 41-year-old former hostage and police officer, “Trujillo,” was overjoyed when she found out her son had been freed after being held captive since 1999. “I shouted! I jumped up and down!,” she told reporters. Solarte was among many relatives waiting at the airport for the arrival of the freed hostages.

The FARC is Colombia’s oldest and most powerful guerilla, and has been at war with the Colombian government since it first took up arms in 1964. The FARC has become notorious for kidnapping government forces and civilians and holding them ransom in exchange for money and other demands. The Colombian government has had at least two serious peace negotiations with the FARC over the past three decades but both negotiations ended unsuccessfully.

Due to military setbacks, such as changes in top command officers, the FARC has become noticeably weaker in the past recent years. On February 26, FARC leaders announced that they would release hostages and stop the kidnappings — a move some people see as a genuine step towards peace. “I don’t know if that brings Colombia closer to peace, I don’t know if things will end well or not, but do I know [the hostages’ release] proves the Farc wants to negotiate,” says Ariel Avila, from Corporacion Nuevo Arcoiris.

Colombian President Juan Manuel Santos is weary about the FARC’s new commitment to peace, emphasizing that hundreds of civilians are still believed to be held captive by the FARC. “Make no mistake: this government has a policy, which consists in facing the violent groups with all its might,” he said.

The citizens’ watchdog group Fundacion Pais Libre says that at least 400 people have been kidnapped since 1996 that have yet to be freed. Fundacion Pais Libre maintains the list of people kidnapped and does not expunge a name from its records until the person is released or until their body has been found.

 

For further information, please see:

BBC News – Colombian Hostages’ Long Wait For Freedom – 04 April 2011

CNN  – Freed Colombian Hostages Carry Pets Tamed In The Jungle – 04 April 2012

Fox News – Colombia Rebel Group Frees Captives Held For 12 Years – 03 April 2012

The New York Times – Colombian Rebels Free 10, Raising Hopes of Peace Talks With Government – 02 April 2012