“Magnitsky Law” as a universal tool?

EU Reporter

The rejection of the Duma’s Speaker to lead the delegation to the Parliamentary Assembly of the Council of Europe (Strasbourg) made headlines: apparently Sergey Naryshkin didn’t like to hear the report on Russia, examining its fulfillment of international obligations during the last seven years, simply labeling it as ‘a Russo-phobic’.

This was largely interpreted as an incapability to withstand well-grounded criticism by international partners – the 46 parliaments of member-states who expect the Kremlin to honor its international obligations on democratic development, including respect for Human Rights.

From the moment of the alleged flawed legislative elections the authoritarian rule in Russia has been desperate to keep the grip on power at any cost, a traditional Soviet-style violation of individual human rights attempting to create an atmosphere of fear and insecurity.

The season in the Duma started with a scandalous precedent of the stripping of a mandate from one of the most vocal critics of Putin, Gennady Goudkov (left-wing) who became subject of financial investigation shortly after he publically called Putin to step down.

The persecution of genuine political opponents followed after the draconian measures initiated by the Kremlin to silence the civil society: restricting demonstrations, use of internet, foreign aid, dramatically raising fines for all kind of civil disobediences, re-introduction of criminal charges for slander, all incompatible with the constitution.

Firmly and swiftly moving away from the values declared in its own 1992 constitution and numerous international obligations, the Kremlin is searching around for enemies. NGOs accepting foreign funding are registered as ‘Foreign agents’ (in Russia the synonym for ‘spies’) and US development aid rejected.

The massive attack on civil society would only deepen the schism between the presidential administration and the opposition. Even for the most ardent admirers of VVP (the popular abbreviation for Putin) is clear that the way of sentencing of political activists is self-destructive.

Two years in prison to ‘Pussy Riot’ singing the prayer ‘Virgin, Chase away Putin!” was seen as disproportionate and unjust towards young activists and caused huge international resonance and a heavy blow to Kremlin’s image!

Was it the ‘Pussy Riot’ debate at PACE that caused the remise of Mr.Naryshkin?

The pictures of a lonely little girl perambulating in the corridors of the US Congress stream through internet sites: the family of a ‘Pussy Riot’ singer asks the congressmen to include the names of those who implicated in sentencing the punk group to the ‘Magnitsky list’.

The recommendation for a ‘Magnitsky Law’ prohibiting corrupt individuals and gross human right abusers to enter the EU has successfully passed through Foreign Committee of the European Parliament and is waiting for the plenary bvote, which can take place in November, according to the special rapporteur on a ‘Magnitsky Law’ MEP Kristiina Ojuland.

Further the recommendation will reach the Council of the EU, -the perspective that cause the rage of Russian Foreign office. Ambassador Vlaldimir Chizhov warned that in case such legislation is put in place the response of the Russian authorities will be comprehensive and swift. For example an ‘Abu-Ghraib’ or ‘Guantanamo Law’ can be adopted, hindering foreign businesses.

The self-destructive stance of the Kremlin’s opposition to the West has an immediate effect , which has translated into a massive capital exit. Pointing to Russians mistrusting their own institutions, foreigners question if investment into a country in such a profound political crisis is a wise decision. Apparently only the biggest actors can afford such high risks.

Stability, once Putin’s greatest asset, is evaporating like a morning mist. The perspective of destabilization of a nuclear power and ‘strategic partner’ of the EU has already been a matter of concern, reflected in many declaration and resolutions. Regrettably, the criticism has fallen onto deaf ears (Mr.Naryshkin is a good illustration of such an attitude).

The gravity of the situation shows that the words are not enough; there is time to line them with some measures to give a real support to democratic forces in Russia. Implementation of ‘Magnitsky Law’ in all of the EU can be one of such steps.

Apparently the idea of Western legislation against corruption finds more and more support from human rights defenders in the post-Soviet space, severely suffering from the erosion of democratic values.

The proposal for a ‘Magnitsky Law’ and ‘Magnitsky list’ inspired greatly the human rights defenders in Kazakhstan, who came to Brussels in September to meet all three presidents of institutions and hand in to them a list of public officials implicated in Zhanaozen trials, considered as a farce.

Both editors of opposition media in exile Igor Vinyavsky ‘Vzgilad’ (‘The View’) and Irina Petrushova (‘Respubkika’) united efforts to raise public awareness of the wretched judiciary fabricating political process from a purely social conflict of striking oil workers. ‘The situation is become dangerous’ – says Vinyavky. –
‘Suppression of basic freedoms can lead to radicalization of the society, social explosion, violence and fracturing of the country. The risks of radicalization are growing as people turn to religion as the last resort from the tyranny’.

He claims that the image of Kazakhstan as an ‘oasis of piece and religious tolerance’ cultivated by president Nazarbayev is anything but the truth, and only through introduction of democracy one can divert the current of public discontent to avoid upcoming turmoil.

‘The list could be headed by the president Nazarbayev,’ – says Irina Petrushova, who promises to launch the investigation agency looking for fortunes of the corrupt officials, starting from the president’s family. – ‘But we feel that the politicians in the West are not there yet’.

Like Vinyavsky she draws parallels with the colonel Gaddafi, courted by many leaders attracted to Libya extraordinary resources in oil and gas. But the ‘Arab spring’ put an end to it. She thinks that the lessons should be drawn from this tragic page of history to avoid needles victims among civilians: the best option is to hit the pockets of the corrupt officials to correct their behavior and push them to the democratic path so much desired by the Kazakhs.

However high motives were the visit was poorly organized, reduced to a promenade through the cabinets of the EU high officials, largely reflecting the post-Soviet mentality that is used to ‘verticals of power’, believing that the changes can be administrated from above.

The arguments were not documented, the accusations of the editors stayed in between a phonetic exercise and declaration of intentions, with exception of the few references to the Amnesty International. The promise to work on the investigation of corruption was the conclusion, an intention deserving a great deal of respect for courage, as Vinyavsky was recently released from detention thanks to pressure by the European Parliament mentioning his name in the resolution earlier this year.

‘Political pressure of the EU is palpable in Kazakhstan,’ – confirms Petrushova. – ‘That’s why we hope to change things for better in Kazakhstan in cooperation with the EU. Europeans love to talk about values; it is a chance forb them to stand tall for the beliefs!’

Apparently the US Senate considers the ‘Magnitsky Law’to be a good weapon to stop the persecution of political leaders and activists associated with the ‘Orange Revolution’. Would it be there a ‘Timoshenko list’ or ‘Timoshenko Law’ for the Ukraine?

‘Similar legislation to the ‘Magnitsky Bill’ or ‘Magnitsky Law’ could be applied to the other countries in the post-Soviet space, suffering from authoritarianism and corruption.’ – Russian opposition politician Mikhail Kasyanov told EU Reporter, – ‘However, there shouldn’t be a general law for all the countries, as it dilutes the message. We have to keep in mind that the effectiveness of this measure is in its precision’.

‘Clearly a ‘Magnitsky Law’ is not a substitute for justice, because all these corrupt individuals should face charges for the crimes they’ve committed,’ – Bill Browder, the late employer of Sergey Magnitsky, told EU Reporter. – ‘But in the absence of a proper judiciary in Russia we can’t possibly allow them waltzing around, enjoying the fruits of a democratic lifestyle. Moreover the legislation is urgent to prevent future tragedies. We have to think about the lives that can be saved!’ быстрые займы на карту займы без отказа zp-pdl.com https://zp-pdl.com/get-quick-online-payday-loan-now.php buy viagra online