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The Torture and Murder of Sergei Magnitsky and the Cover Up by The Russian Government The Crime The Cover Up The Official Position of The Russian Government

e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

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Page 1: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

The Torture and Murder of Sergei Magnitsky and the Cover Up by The Russian Government

• The Crime• The Cover Up• The Official Position of The Russian

Government

Page 2: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Police Raid Hermitage’s Offices in Moscow On 4 June 2007, Lt. Col Artyom Kuznetsov and 25 Interior Ministry officers raided the Moscow offices of Hermitage Capital and seized all original corporate documents for the Hermitage Fund

Krechetov Droganov Tolchinsky

Lt Col Artyom Kuznetsov

All servers & computers

2 vans full of client documents were taken away

Items Taken during RaidsInterior Ministry Officers

Directing Raids

Raids on Hermitage and Law Firm in Moscow Magnitsky’s Testimony:

“I was told that the office was searched, and the person in

charge was Kuznetsov…Lawyer was not allowed in. [Instead of using a

search warrant], police officers had a separate list of

companies and they were seizing the documents for companies from that list.”

3Source: Complaint to Russian authorities by Hermitage Fund lawyer, 3 December 2007 - http://russian-untouchables.com/docs/D50.pdf; Magnitsky’s testimony to the Russian Investigative Committee, 5 June 2008 - http://russian-untouchables.com/docs/D64.pdf

Page 3: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Hermitage’s Companies Fraudulently Re-Registered Into the Name of a Convicted MurdererDocuments seized by the police were used to fraudulently re-register the Hermitage Fund’s Russian companies and change directors from HSBC to convicted criminals

HSBCPRIVATE BANK(Guernsey) LIMITED

Trustee to Hermitage Fund

GLENDORAHOLDINGS

LTDCyprus

KONEHOLDINGS

LTDCyprus

OOO RILEND,Moscow

OOO PARFENION,Moscow

OOO MAKHAON,Moscow

100% 100%

100% 100% 100%

General Director General Director General Director

CorporateDirector

CorporateDirector

HSBCMANAGEMENT(Guernsey) LIMITED

Corporate Director

Convicted for theft

Convicted for manslaughter

Convicted for burglary

4Source: Complaint to Russian authorities by Hermitage Fund lawyer, 3 December 2007: http://russian-untouchables.com/docs/D50.pdf; Magnitsky’s testimony to the Russian Investigative Committee, 5 June 2008: http://russian-untouchables.com/docs/D64.pdf

V. Markelov

OOO RILEND ,Moscow

OOO PARFENION ,Moscow

OOO MAKHAON ,Moscow

100% 100% 100%

V.Kurochkin V.Markelov V.Khlebnikov

OOO Pluton ,(Kazan , Tatarstan )

100%

Page 4: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

$230 Million of Taxes Paid by Hermitage Was Then Stolen from the Russian TreasuryOn 24 December 2007, Moscow Tax Authorities approved in one day and transferred $230 million of taxes paid by Hermitage Fund’s companies to the accounts opened by criminals under the guise of an “overpaid tax refund”

HSBCPRIVATE BANK(Guernsey) LIMITED

Trustee to Hermitage Fund

GLENDORAHOLDINGS

LTDCyprus

KONEHOLDINGS

LTDCyprus

OOORILEND,Moscow

OOOPARFENION,Moscow

OOOMAKHAON,Moscow

100% 100%

100% 100% 100%

General Director General Director General Director

CorporateDirector

CorporateDirector

HSBCMANAGEMENT(Guernsey) LIMITED

Corporate Director

Russian Federation Budget

February 2006

$230 m

OOO RILEND,Novocherkassk

OOO PARFENION,Novocherkassk

OOO MAKHAON,Novocherkassk

100% 100% 100%

V.Kurochkin V.Markelov V.Khlebnikov

OOO Pluton,(Kazan, Tatarstan)

IntercommerzBankUniversal

Savings BankUniversal

Savings Bank

Taxes Paid by Hermitage Fund Russian Companies

$230 Million Stolen By Criminals

Approval Granted in 1 Day

December 2007Fraudulent Tax Refund Approval

Documents seized

Source: Approval of $230 Million Tax Refund by Moscow Tax Offices No 25 and No 28, 24 December 2007

24 December 2007

5

Perpetrators stole

Page 5: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Sergei Magnitsky Testifies Against The Russian Interior Ministry Officers Who Seized The Documents

On 7 October 2008, Sergei Magnitsky testified to the Russian State Investigative Committee about the involvement of Interior Ministry officers (Artyom Kuznetsov and Pavel Karpov), judges and criminals in the theft of Hermitage Fund companies and $230 million in taxes

Sergei Magnitsky

Testimony to the Russian State Investigative Committee, 5 June and 7 October 2008

Interior Ministry officer Lt Col Artyom Kuznetsov

Interior Ministry Officer Major Pavel Karpov

Victor Markelov

Source: Magnitsky Testimony, 7 October 2008- http://russian-untouchables.com/docs/D65.pdf

Vyacheslav Khlebnikov

6

“The facts stated above show that the powers of attorneys issued by legitimate directors of [Hermitage Fund companies] …were used to protect the interests of the companies… and to expose the theft of budget funds in the amount exceeding 5 (five) billion roubles [US$230 million], which was clearly committed by the same group of persons who used the illegal re-registration of OOO Parfenion, Mahaon and Rilend and claims against these companies as an instrument to perpetrate the theft of budget funds.”

“Seals of [Hermitage Fund companies] were seized by the Moscow Branch of the Interior Ministry on 4 June 2007.”

Valery Kurochkin

“Powers of attorneys could not have been issued by Markelov, Khlebnikov and Kurochkin legitimately.”

“I confirm my testimony from 5 June 2008 (“Taxes paid by [Hermitage Fund companies] were very significant which caused an interest from the police officers.)”

Page 6: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Interior Ministry Assigns Lt. Colonel Kuznetsov To Investigate The Theft He That Was Accused of PerpetratingOn 6 November 2008, Oleg Logunov, Deputy Head of the Interior Ministry’s Investigative Department, assigned Lt. Col Artyom Kuznetsov and his three subordinates to investigate the $230 million theft in which they had been named by Magnitsky as key perpetrators

Interior Ministry Order to Appoint Kuznetsov and His Three Subordinates to Investigate $230 million Theft (6 November 2008)

“Hereby I order to appoint Kuznetsov, Droganov, Krechetov, Tolchinsky to the investigative team on the $230 million theft”

Signed: General LogunovOleg Logunov, Deputy Head

of the Russian Interior Ministry’s Investigative

Committee

Source: Decree by Oleg Logunov to Appoint Kuznetsov to investigate the $230 million theft, 6 November 20087

Krechetov Droganov Tolchinsky

Lt Col Artyom Kuznetsov

Page 7: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Interior Ministry Also Assigns Officer Kuznetsov to Prosecute Magnitsky

Six days later Oleg Logunov also assigned Lt Col Artyom Kuznetsov and his three subordinates to prosecute Magnitsky

Interior Ministry Order to Appoint Kuznetsov and His Three Subordinates to Prosecute Magnitsky (12 November 2008)

“Hereby I order to appoint Kuznetsov, Droganov, Krechetov, Tolchinsky to the investigative team on the case against Hermitage/ Magnitsky”

Signed: General LogunovOleg Logunov, Deputy Head of the Russian Interior Ministry’s Investigative

Committee

Source: Decree by Oleg Logunov to Appoint Kuznetsov to prosecute Magnitsky, 12 November 20088

Krechetov Droganov Tolchinsky

Lt Col Artyom Kuznetsov

Page 8: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Sergei Magnitsky is Then Arrested by the Same Officers He Testified Against Six Weeks EarlierOn 24 November 2008, Sergei Magnitsky was arrested by Lt Col Kuznetsov and three of his subordinates on orders from Investigator Silchenko of the Interior MinistryOrder to Arrest Sergei Magnitsky (24 Nov 2008)

Beginning of Magnitsky’s 358-day detention

24 November 2008

Magnitsky Arrested at His Home (24 Nov 2008)

9

“Present at home search: Droganov, Krechetov”

Source: Decree by Oleg Silchenko to Appoint Kuznetsov to arrest Magnitsky, 24 November 2008

“Hereby I order Lt Col Kuznetsov to arrest Magnitsky”

Signed: Investigator Oleg Silchenko

Krechetov Droganov Tolchinsky

Lt Col Artyom Kuznetsov

Page 9: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Magnitsky Was Put Under Intense Physical and Psychological Pressure To Make False Confession For six months, Sergei Magnitsky was put under intense physical and psychological pressure to get him to sign a false confession stating that he stole the $230 million of taxes

10

Sergei Magnitsky

Hand-Written Statement for the Court From Detention as of 19 January 2009

Food: “Hot food is provided essentially only once a day, at lunch time, at breakfast we get porridge with insect larvae, and at dinner – rotten boiled herring, just the smell of which causes nausea. Sometimes there is no food at all…”

Source: Statement for Court Hearing by Sergei Magnitsky, 19 January 2009

Cell: “Cells are overcrowded. 14 people can be kept in a cell with eight beds. We have to take turns to sleep”

Toilet: “I have to eat in the same space as the toilet. There is constant smoke in the overcrowded cell”

Freezing: “At the same freezing wind comes from the permanently opened window…”

Cell mates: “I am kept in a cell with defendants and those already convicted for violent crimes like burglary, murder and battery”

Family: “My detention is causing enormous suffering for my children, especially the older one who is now facing university entrance exams and needs my support. My younger son also suffers deeply from the separation and is breaking down from anxiety…”

Page 10: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Magnitsky’s Arrest Is Condemned by the Council of Europe

Magnitsky’s treatment is labelled as an “emblematic” example of “legal nihilism” by the Council of Europe’s Special Rapporteur of Legal Affairs and Human Rights

“The term of “legal nihilism” used by the President [of Russia] … also came to my mind when I was briefed, in much detail, about … emblematic cases: … the tribulations of the Hermitage Fund”

Source: Report by the Council of Europe, 7 August 2009 “Allegations of Politically Motivated Abuses of the Criminal Justice System in Council of Europe Member States” -http://assembly.coe.int/Documents/WorkingDocs/doc09/edoc11993.pdf

Council of Europe Report Highlighting Abuses in Magnitsky’s Detention

7 August 2009

11

Sabine Leutheusser-Schnarrenberger, MP Bundestag, Special Rapporteur to the Council of Europe (currently

German Justice Minister)

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Magnitsky Becomes Seriously Ill

Letter from D. Vasiliev, Acting Head of Matrosskaya Tishina Detention Center

Pancreatitis and Gallstones Diagnosed

Magnitsky Develops Abdominal Pains

“Based on the results of the ultrasound examination, gallstones are diagnosed.Diagnosis: Gallstones, chronic cholecystitis and pancreatis. In one month to conduct ultrasound examination andscheduled surgery”

“Hereby to confirm that Sergei Magnitsky was examined on 1 July 2009 and diagnosed with calculous cholecystitis, prescribed with an ultrasound examination within a month and a scheduled surgery”

14 July 2009

Medical Records from Matrosskaya Tishina Detention Center

12

13 July 2009

Source: Letter from D. Vasiliev, Head of Matrosskaya Tishina, 14 July 2009 - http://russian-untouchables.com/docs/D05.pdf

1 July 2008

Surgical Operation is Prescribed

In June 2009 Sergei Magnitsky became seriously ill losing 40 pounds and suffering severe abdominal pains. He was diagnosed with pancreatitis, cholecystitis and gallstones and prescribed a surgery by detention center doctors to take place on 1 August 2009

Page 12: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

“Deem it necessary to transfer Magnitsky to Butyrka detention centre”

Letter addressed to Ivan Prokopenko, Head of Matrosskaya Tishina, 2 July 2009

13

Oleg Silchenko Interior Ministry Investigator

“Approve to transfer Magnitsky to Butyrka detention centre”General Eduard Petrukhin, deputy

Head of Federal Penitentiary Service of Russia

Letter addressed to D. Vasiliev, Acting Head of Matrosskaya Tishina, 22 July 2009

Source: Letter by Investigator Silchenko, 2 July 2009; Letter by General Petrukhin, 22 July 2009

Magnitsky Is Abruptly Transferred to Butyrka Detention Centre, Which Has No Proper Medical FacilitiesOn 25 July 2009, a week before his scheduled surgery, Magnitsky was abruptly transferred to Butyrka, a maximum security detention center with no facilities to perform an operation or carry out an ultrasound examination

Page 13: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Sergey Magnitsky Went into Excruciating PainFollowing 8 months of torturous condition, Sergei Magnitsky wentinto excruciating pain from his gallstones, chronic cholecystitis and pancreatis

Magnitsky’s cry for help

14Source: Magnitsky’sLetter as of 25 Aug 2009

Sergei Magnitsky

Letter from Magnitsky to his attorney Kharitonov (25 Aug 2009)

“On 23 August 2009 at 4.30 pm I felt excruciating pain at the solar plexus … I laid down and struggled with it … a bit later the pain started to increase again even harder than earlier … to stand against it could only be possible by sitting in a crouched position, the pain was so hard I could not even breath ... On 24th

August around 4 pm a pain attack started again. I could not lay down this time, as it was hard to sustain it and again I was crouching … My cell mate … started pounding on the door crying for help, but no one came …”

Page 14: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Sergei Magnitsky Makes 20 Requests for Medical Attention

From Butyrka, Sergei Magnitsky and his lawyers made 20 requests in writing to Government bodies for medical attention

Sergei Magnitsky

Source: http://russian-untouchables.com/eng/torture-and-death-v/

“Medical care has been denied, no medical examination and no operation have been performed. Please intervene”

11 September 2009 - To Yuri Chaika, General Prosecutor

31 August 2009 - To Vladimir Davydov, Head of Moscow Penitentiary Service

“For a week I was deprived of any access to clean and hot water, which I require given my abdominal illnesses”

26 July, 9 August, 11 August 2009 - To Dmitry Komnov, Head of Butyrka

“Hereby I urgently request to be seen as the nature of my rights violations endangers my health”

15

12 November 2009 - To Judge Stashina

“I request to review my complaints about the unbearable conditions of my detention and the denial of all medical care”

19 August 2009 -To Oleg Silchenko, Interior Ministry Investigator

14 September 2009 -To Judge Krivoruchko

“Please allow to carry out medical examination of Sergei Magnitsky who had been diagnosed with pancreatitis and cholecystitis”

General Prosecutor Office

Penitentiary Service

Butyrka Administration

Tverskoi District Court of Moscow

Tverskoi District Court of Moscow

Interior Ministry

“I request to review my medical records, ultrasound examination results, requests for medical care, complaints about my conditions in detention, described in the complaint filed with the European Court for Human Rights”

Page 15: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

All Requests Were Ignored or RejectedAll Government bodies systematically denied Sergei Magnitsky any form of medical attention

“No pressure was exerted. There is no reason for prosecutor to intervene” A. Pechegin

Denial from General Prosecutor Office 9 October 2009

Denial from Head of Moscow Penitentiary Service, 7 October 2009

“Magnitsky received his boiler. The hot water supply is centralised” V. Davydov

Denial from Head of Butyrka 7 October 2009 “Based on his medical records, Magnitsky

can be detained” D. Komnov

16

Denial from Judge Stashina 12 November 2009

“Request to review complaints about withholding of medical care and cruel treatment is denied” A. Krivoruchko

Denial from Interior Ministry, 2 September 2009

Denial from Judge Krivoruchko 14 September 2009

“I deny in full the request for a medical examination of Magnitsky” O. Silchenko

“Deny request to review the medical records and conditions of detention as irrelevant”E. Stashina

Interior Ministry, Oleg Silchenko

General Prosecutor Office Andrei Pechegin

Moscow Penitentiary Service Vitali Davydov

Butyrka Administration Dmitri Komnov

Tverskoi District Court Judge Krivoruchko

Tverskoi District Court Judge Stashina

Source: http://russian-untouchables.com/eng/torture-and-death-v/

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Magnitsky Goes into Critical Condition and Transferred to Matrosskaya TishinaOn 16 November 2009, Butyrka officials stated that Magnitsky had“acute pancreatitis, cholecystitis and gallstones” and should be transferred to Matrosskaya Tishina for “emergency hospitalisation”

Butyrka Detention CentreMatrosskaya Tishina Detention Hospital

17

“Diagnosis of acute pancreatitis and cholecystitis necessitate transfer to Matrosskaya Tishina”

Signed by: Dmitry Komnov, Head of Butyrka

Report to Transfer Magnitsky (16 November 2009)

Dmitry Komnov, Head of Butyrka

Vladimir Davydov, Head of Moscow Penitentiary Service

Transfer Approved

Magnitsky Taken to Matrosskaya Tishina

Page 17: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Matrosskaya Tishina Detention Centre Officials Sanctioning, Administering and Witnessing

Magnitsky’s Beating:

1. Fikhret G. Tagiev, Head of Matrosskaya Tishina Detention Center

2. D.F. Markov, Aid on Duty to Head of Matrosskaya Tishina

3. O.G. Kuznetsov, Deputy Aid on Duty to Head of Matrosskaya Tishina

4. A.E. Larin, inspector

5. P.V. Borovkov, inspector

6. Not known, inspector

7. Not known, inspector

8. Not known, inspector

9. Not known, inspector

10. A.A. Semenov, paramedic at Matrosskaya Tishina

Report on Use of Handcuffs

18Source: Reports on use of handcuffs and rubber baton, 16 November 2009, Moscow Public Oversight Commission Report

Signed by: D.F. Markin [sic],

Witnesses: A.E. Larin, P.V. Borovkov

Signed by: O.G. KuznetsovSanctioned: F. Tagiev

Sanctioned: F. Tagiev

Magnitsky was beaten in an isolation cell on

16 November 2009

Report on Use of Rubber Baton

Magnitsky Is Beaten With Rubber Batons

Upon arrival to Matrosskaya Tishina, instead of hospitalising him, a team of 8 riot troopers placed him in an isolation cell, handcuffed him to a bed and beat him with rubber batons

Page 18: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Civilian Doctors Kept Outside Magnitsky’s Cell While He is Being BeatenAccording to the testimony of civilian doctors, they arrived to Matrosskaya Tishina at 8 pm on 16 November 2009 to treat Magnitsky, but were not allowed into his cell for one hour and eighteen minutes.

Civilian Doctors Not Allowed in Magnitsky’s Cell

19Source: Report by the Moscow Public Oversight Commission, 28 December 2009 - http://onk-moskva.hrworld.ru/sites/default/files/otchet_magnitskii__1.doc

Report by the Moscow Public Oversight Commission on Magnitsky’s Death in Custody

28 December 2009

“The medical team arrived at 8 pm but was not let in to see the patient. They were made to wait for more than an hour…The main conclusion that can be drawn is that… the patient in serious condition was left for 1 hour and 18 minutes to die in an isolation cell”

Page 19: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Civilian Doctors Find Magnitsky Dead on the Cell FloorOn 16 November 2006, at 9:15 pm Dr Kornilov, a civilian emergency doctor was finally let into the cell where Magnitsky was beaten after waiting for one hour and eighteen minutes to find Magnitsky dead on the floor in a pool of urine with bruises from handcuffs on his wrists, noting signs that death had occurred at least 15 minutes before their arrival.

Testimony by Dr Kornilov, Civilian Emergency Doctor (8 Dec 2009)

“I was shocked to find the patient not in a hospital

room, but in a regular cell, on the floor dead”

20Source: Report by the Moscow Public Oversight Commission, 28 December 2009 - http://onk-moskva.hrworld.ru/sites/default/files/otchet_magnitskii__1.doc

Page 20: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

The Cover Up

21

Page 21: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

Prison Officials Changed The Time and Place of Death

22

Matrosskaya Tishina doctor - Alexandra Gaus gave a false account of the time and place of Magnitsky’s death. She also claimed that attempts were made to resuscitate him, which was refuted by civilian doctor Kornilov

Matrosskaya Tishina Doctor Gaus

Place of Death:

Time of Death:

Resuscitation room, Hospital Building

9:50 pm

==

Location of Body: On the resuscitation table

=Isolation cell, Entrance Building

Before 9 pm

Civilian Emergency Doctor Kornilov

On the floor

Source: Report by the Moscow Public Oversight Commission, 28 December 2009 - http://onk-moskva.hrworld.ru/sites/default/files/otchet_magnitskii__1.doc

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Cause of Death Changed by The Interior Ministry

At 10.30 am on November 17, 2009 Magnitsky’s lawyers were told by Matrosskaya Tishina staff that he had died from pancreonecrosis, rupture of the abdominal membrane and toxic shock. The Interior Ministry changed the cause of death to a heart failure at noon that day

Cause of Death Reported MORNING - 17 November 2009

• Pancreonecrosis

• Rupture of the abdominal membrane

• Toxic shock

23

Matrosskaya Tishina officials

Source: http://ria.ru/incidents/20091117/194205926.html; http://slon.ru/news/186264/

Cause of Death Reported NOON - 17 November 2009

• Heart failure

Irina Dudukina, Interior Ministry’s spokeswoman

• No signs of violent death

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Magnitsky’s Family Twice Requests an Independent Autopsy And Both Are Denied by The Prosecutor’s OfficeMagnitsky’s family applied twice for an independent autopsy. Both requests were rejected by the Moscow Prosecutor’s Office

Natalia Magnitskaya Sergei’s Mother

Prosecutor’s Office, Preobrazhensky District (Moscow)

1st Request – 17 November 2009

Source: Requests filed by law firm “Gridnev and Partners” as of 17 and 19 November 2009, Denials issued on 20 November 2009 by the Prosecutor’s Office of Preobrazhansky District of Moscow

“Petition for an independent pathologist to attend state autopsy is denied. All our

pathologists are equally independent”DENIED

24

2d Request – 19 November 2009 DENIED “Petition for an independent autopsy is denied. There is no reason to doubt

results of the state autopsy”

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Sergei Magnitsky Buried Without Any Independent Examination

Sergei Magnitsky’s Burial (20 November 2009)

Sergei Magnitsky was buried on November 20, 2009 without any independent third-party medical evaluation or autopsy

25

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Signs of Violence on Magnitsky’s Body

26

The denial of an independent medical examination was particularly suspicious when pictures from Magnitsky’s body showed signs of violence

Source: Magnitsky’s medical records made as of 17 November 2009 by doctor Borzova

Magnitsky’s Left Hand, 17 Nov 2009

Magnitsky’s Wrist 17 Nov 2009

Magnitsky’s Knuckles 17 Nov 2009

Magnitsky’s Left Knee 17 Nov 2009

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A Local Detective Requested to Open a Murder Investigation Immediately After Examination of the Crime SceneA detective at a local district Investigative Committee office recommended opening a murder investigation after examining the evidence of the case

27

“Taking everything into account, there is sufficient

evidence to warrant opening an investigation into the crime set out by

Article 105 …of the Criminal Conduct Code of

Russia [murder] …”Detective Levin D.A. 19 November 2009

Investigative Committee Office of Preobrazhensky

District of Moscow

Source: Detective report of Levin D.A. as of 19 November 2009

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Magnitsky’s Family Makes Four Requests to Open Criminal Investigation into Sergei’s DeathDespite four separate requests by Magnitsky’s family to open a criminal investigation, Russian authorities found “no violations” in the actions of state officials and refused to open a criminal case

Request to the General Prosecution Office to Open

Criminal Case Against Silchenko, Komnov, Burov

Request to the Investigative Committee to Investigate Signs

of Magnitsky’s Murder

18 November 2009 20 November 2009

“DENIED”

28

Request to the General Prosecution office to Prosecute

for the False Arrest and Persecution

24 November 2009 25 November 2009

Request to the Investigative Committee to Investigate Signs of Violent Death

“DENIED”

“DENIED”

“DENIED”

Source: Potions filed by the “Gridnev and Partners” on 18,20,24 and 25 November 2009 with General Prosecutor's Office, Russian Investigative State Committee and Prosecutor's Office of Preobrazhensky district of Moscow

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The Russian Interior Ministry Immediately Announced They Did Not Know He Was Sick On November 17, 2009 the Russian Interior Ministry claimed that Magnitsky never complained about his health and they had no knowledge that he had been sick and required medical care

Irina Dudukina, spokeswoman, Interior Ministry’s Investigative Department

“There has not been a single complaint from Magnitsky about his health in the criminal case file.”

“Magnitsky never complained about his health. His sudden death was a shock for investigators.”

Source: http://www.interfax.ru/society/txt.asp?id=110496; http://www.mvd.ru/news/show_34784/; http://www.mvd.ru/mvd/structure/unit/komitet/publications/show_47594/

Official Statement, 17 November 2009

29

“Neither Magnitsky, nor his lawyers ever requested from investigators that he’d be released from custody due to his health.”

Official Statement, 25 November 2009

Interior Ministry’s Official Website

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The Russian State Investigative Committee Found No Evidence of Wrong-DoingThe Russia State Investigative Committee announced that there was “no ground for launching a criminal investigation into Magnitsky’s death in custody” two days after his death

Russian Investigative Committee, Moscow Branch

Anatoly Bakhmet, Head of the Moscow Branch of the

Investigative Committee

18 November 2009

Source: http://www.bbc.co.uk/russian/russia/2009/11/091118_russian_lawer_death.shtml30

“No ground has been identified to warrant launching a criminal

investigation following

Magnitsky’s death”

Page 30: e Up Russian Government - International Criminal Law … · 7 Poes y - entsf Council of Europe Report Highlighting Detention 9 11 Bundestag, ) Magnitsky Becomes Seriously Ill of Center

The Russian Prosecutor’s Office Found No Evidence of Wrong-Doing

The Moscow Prosecutor’s Office also found “no wrong-doing by officials, no violations of the law and no evidence of Magnitsky’s complaints” 7 days after Magnitsky’s death

General Prosecutor’s Office Announces Probe

S.A. Gorunov - Head of Department on the Observance of the Law in the Penitentiary System, Moscow Prosecutor’s Office

18 November 2009

31

Conclusions of the Probe into Magnitsky’s Death in Custody by the Moscow Prosecutor’s Office

Source: http://www.genproc.gov.ru/news/news-60435; Conclusions of the Probe by the Moscow Prosecutor Office into Magnitsky’s Death in Custody, 23 November 2009

23 November 2009

“No violations in the actions of detention centre officials have been found as part of the probe. Death occurred from acute heart failure. The probe has concluded that medical care was provided in detention... Magnitsky has never complained about his health or daily conditions in custody”