Wednesday, Apr 23rd

Last update:22-04-2014 13:02

Russia: CEO of ‘Russian Facebook’ Says He Was Ousted
Pavel Durov, the CEO of Russia’s most popular social media site Vkontake (VK), said on Monday that he was ousted by...
Mexico: Councilmen Describe Life of Fear Under Knights Templar
Councilmen from Michoacan have recounted life under a mayor who was in cahoots with Mexico's Knights Templar criminal...
Caribbean: Cocaine Trafficking Continues Rise Say US Officials
The proportion of drugs trafficked through the Caribbean has more than tripled in the space of five years, according to US...
India: Election Officials Seize Cash and Drugs Used To Buy Votes
Since March 5, Indian election officials have seized US$ 36 million, 2.7 million liters of alcohol, and 100 kilograms of heroin...
Montenegro: NGO Accuses a Dozen High-Level Officials of Corruption
Yesterday, MANS, a non-governmental organization (NGO) focused on fighting corruption and organized crime in Montenegro, asked...
Former President Had Big Plans
By Kateryna Kapliuk, Slidstvo.info Would you like to stay in the Kyiv hotel of...
Ukraine: The "Family" Business of a Mezhygirya Contractor
By Maksym Opanasenko (Bureau of journalistic investigations “Svidomo”)...
Arkan, Bojović Associate Murdered
Rade Rakonjac, Arkan's murdered former bodyguard  By Stevan Dojčinović ,...
How Kurchenko's offshores worked
By Anna Babinets People who used to know young billionaire-in-exile Serhiy...
The Silent Looting of Russia
Dmitry Klyuev (left) and Andrei Pavlov (right) at an OSCE meeting in Monaco, in...
Hungarian Media Law Doomed
19 January 2011 By Tamás Bodoky The widely criticised new Hungarian...
Google is Not Your Friend
  The internet is a powerful tool in the service of investigative...

Moscow Court OKs Posthumous Prosecution of Dead Lawyer

Wednesday, 04 April 2012 22:02
Print PDF

A Moscow judge rejected a lawsuit from the mother of a whistleblower who died in Russian police custody to throw out the posthumous case against him.

On Tuesday, Judge Yulia Bobrova of Ostankinsky District Court of Moscow, rejected a lawsuit brought by the mother of Sergei Magnitsky, a former lawyer for Hermitage Capital Management who is being prosecuted for tax fraud following his death two years ago in police custody.

 

Magnitsky accused two Russian tax officials for perpetrating the largest tax fraud in Russia’s history, worth US$230 million, but the Russian government instead arrested him and held him without trial until he died.

“Today’s Moscow court decision opens a new chapter in the Russian legal history. The Moscow court formally allowed the prosecution of a dead man. This is a clear-cut breach of the European Human Rights Convention and Russia’s own Constitution,” said Hermitage Capital in a news release.

The Judge determined that Magnitsky’s mother and widow should continue to be treated as defendants in this case, as prosecutors have contended.

Magnitsky’s defense contends that the decision is a political tit-for-tat response to the US Governmnent’s decision to blacklist officials they believe involved in Magnitsky’s death.

The Deputy General Prosecutor in Magnitsky’s case is Viktor Grin, who is number 33 on the U.S. State Department’s list of officials banned from entering the country in July.  Three days after the US Helsinki Commission publicly announced that Grin was on the list, he gave the order to open a posthumous trial against Magnitsky.

Magnitsky’s family plans to appeal the decision, which Hermitage says “follows a trail of similar decisions denying Magnitsky and his family justice in all circumstances.”  They point to the fact that in 2011, 14 Russian judges refused all petitions from the Magnitsky family seeking access to his case file and to tissues samples for an independent medical examination.

Before Magnitsky’s death, 11 Russian judges rejected 40 petitions he filed about his unlawful arrest and repression by those he accused of corruption.

Russian President Dmitry Medvedev’s Human Rights Council to investigated Magnitsky’s death and found that prison officials were responsible.

In pursuing the posthumous case against Sergei Magnitsky, Russian authorities have explicitly rejected the findings from the Russian President’s Human Rights Council.

“It is clear that no justice is possible and no investigation can be impartial as long as the investigation is controlled by the same officials and bodies who committed the crimes against him. To recognise Magnitsky’s innocence means that the law enforcement bodies have to recognize their own guilt. That seems very unlikely in Russia’s current environment,” said Hermitage Capital in the news release.

 
Re:Baltica Completes Series on Latvian Health Care System
The Baltic Center for Investigative Journalism Re:Baltica, an OCCRP partner, has published the last installment in its series about the health care...
Trafficking and Terrorism: How Organized Crime Thrives on Passport Fraud
By Ana Baric Passport Stamps. Photo Credit: Flickr. Jon Rawlinson The March 7 disappearance of a Malaysia Airlines plane one hour into its flight...
Colombia: A Country Torn Between Peace and Corruption
By: Maria Virginia Olano In Colombia, it is no secret that laws and rules there can be bent and moved around, especially with a couple of bills in...
Press Persecution in Azerbaijan: Where Investigative Journalism Is “Espionage”
By Ana Baric Azerbaijan is maintaining its usual approach to press “freedom”: sponsoring pro-regime media and unapologetically repressing...
Venezuela: The Battle Against a Corrupt, Authoritarian State
By Maria Virginia Olano It was supposed to be the day Venezuela celebrates its young people. Instead, three students were killed, more than 70...