Posts Tagged ‘Canada’

10
June 2015

Canada needs a ‘Magnitsky’ law to take on human-rights violators

The Globe and Mail

In March, the House of Commons unanimously adopted my motion calling for sanctions against individual human-rights violators, including those complicit in the 2009 detention, torture and murder of Russian whistle-blower Sergei Magnitsky. With just weeks until Parliament rises for the summer, however, the government is running out of time to act upon that expression of laudable intent.

Mr. Magnitsky was a Moscow lawyer who uncovered widespread corruption on the part of Russian officials. After testifying against them, he was jailed, tortured and killed in prison in 2009, before being posthumously convicted – in a Kafkaesque coverup – of the very fraud he had exposed.

Since his death, his former employer, Bill Browder, has been advocating for sanctions such as travel bans and asset freezes against those responsible, who would otherwise not be held to account in Vladimir Putin’s Russia. Indeed, many have been rewarded by President Putin for their criminality.

Yet because corrupt Russian officials tend to store and spend the proceeds of their crimes beyond the country’s borders – depositing their money in foreign banks, vacationing at foreign resorts, sending their children to foreign schools – the international community has the power to impose tangible consequences by curtailing their ability to travel and trade around the world.

This approach has notably won the endorsement of the European Parliament and legislatures in Britain, the Netherlands, Italy, the United States and now Canada. As yet, however, only the United States has taken action: Congress imposed sanctions against Mr. Magnitsky’s tormentors in 2012, and is currently studying a new bill that would expand those sanctions to cover human-rights violators generally.

The motion adopted by Canadian MPs – and more recently by the Senate, as well – both specifically endorses sanctions in the Magnitsky case, and urges the government to “explore sanctions as appropriate against any foreign nationals responsible for violations of internationally recognized human rights in a foreign country, when authorities in that country are unable or unwilling to conduct a thorough, independent and objective investigation of the violations.”

Accordingly, Tuesday, I introduced a private member’s bill that would explicitly authorize the Canadian government to impose visa bans and asset freezes on human-rights violators. Although my bill is unlikely to be adopted before the House rises, I offer it as a template for how the motion passed by the House and the Senate could be enacted in law. There is still time for the government to either take over my bill or to introduce similar legislation of its own, out of respect for the unanimous will of Canadian MPs, and out of solidarity with the victims of human-rights violations in Russia and around the world.

These victims – and the courageous activists who stand up to rights-violating regimes at great personal risk – were on my mind when I rose Tuesday in the House to present my legislation. In particular, I could almost feel the presence of my late friend Boris Nemtsov, the leader of the democratic Russian opposition who was murdered near the Kremlin earlier this year.

In 2012, I joined him in Ottawa to condemn the impunity, corruption and human-rights violations of the Putin regime, of which the Magnitsky tragedy is a case study, and to issue an urgent appeal for global Magnitsky legislation.

Mr. Nemtsov supported the sanctions that Canada has rightly imposed in response to Russian aggression in Ukraine, although there remain key Russian officials who have been spared Canadian sanctions. It is time, however, for us to treat Russian domestic human-rights violations as seriously as we do violations of political independence and territorial integrity. Had we acted in 2012 against Russian violations, for example, we might have helped deter the external aggression that followed.

Ultimately, countries that value human rights and the rule of law must use the measures at our disposal to hold violators to account and discourage future violations. Otherwise, we are exposed as having far less concern for these noble principles than our usual rhetoric – including a motion unanimously adopted by the House of Commons – would suggest.

Irwin Cotler is the Liberal MP for Mount Royal, former justice minister and attorney-general of Canada, and professor of law emeritus at McGill University. He is chairman of the Justice for Sergei Magnitsky Inter-Parliamentary Group. займы без отказа онлайн займ https://zp-pdl.com/apply-for-payday-loan-online.php www.zp-pdl.com микрозаймы онлайн

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10
June 2015

COTLER INTRODUCES “MAGNITSKY” BILL TO SANCTION HUMAN RIGHTS VIOLATORS

Irwin Cotler

Government declared support for human rights sanctions in March, but has yet to take action

MP Irwin Cotler today introduced the Global Magnitsky Human Rights Accountability Act (C-689), which would allow for the imposition of travel bans and asset freezes against human rights violators. In March, the House of Commons unanimously endorsed a motion by Cotler calling for such sanctions, and a similar motion introduced by Sen. Raynell Andreychuk passed the Senate in May, but the government has yet to heed Parliament’s call.

“I was very encouraged when members of all parties came together earlier this spring to support these critical measures,” said Cotler, the Liberal Critic for Rights and Freedoms and International Justice. “But it is deeply disappointing that the government still hasn’t moved forward with legislation.”

Magnitsky laws are named for Russian lawyer Sergei Magnitsky, who blew the whistle on large-scale tax fraud committed by Russian officials before being detained, tortured, and killed in prison in 2009. He was posthumously convicted, in a Kafkaesque cover-up, of the very corruption he had exposed.

Continued Cotler: “In Ottawa in 2012, I stood with Boris Nemtsov, the leader of Russia’s democratic opposition, to call for Magnitsky legislation; Boris was murdered in February. In 2013, I stood in Ottawa with Sergei Magnitsky’s last employer, Bill Browder, and with another Russian opposition leader, Vladimir Kara Murza, to make the same appeal; Bill has been repeatedly threatened, and Vladimir is recovering from an apparent poisoning. What else has to happen before Canada and other members of the international community take action commensurate with the seriousness of the situation?”

Resolutions calling for Magnitsky sanctions have been passed by the European Parliament, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, the Parliamentary Assembly of the Council of Europe, and legislatures in the United Kingdom, the Netherlands, Italy, the United States, and Canada. When the Canadian motion passed the House, MPs and Senators from all parties – including the Parliamentary Secretary to the Minister of Foreign Affairs, David Anderson – held a joint press conference to mark the occasion. Thus far, however, only the U.S. has moved from words to deeds.

“There is still time for the government to either take over my bill or pass similar legislation of its own,” urged Cotler, “both out of respect for the will of Parliament, and out of solidarity with the victims of human rights violations – and those who struggle valiantly on their behalf – in Russia and around the world.” займы на карту без отказа payday loan https://zp-pdl.com/online-payday-loans-cash-advances.php https://zp-pdl.com/emergency-payday-loans.php займ на карту

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26
February 2014

Canada can help Ukraine by targeting Russian corruption

Globe and Mail

As quickly as the Sochi Olympic flame was snuffed, so was the brief respite on politically motivated repression and arrests in Vladimir Putin’s Russia. On Monday, mass arrests of Russian pro-democracy activists began in earnest after eight protesters were sentenced for protesting against the Putin regime in May, 2012. And news is emerging that Russia has put troops on alert in the western military district.

Among those arrested in Moscow were former deputy prime minister Boris Nemtsov, anti-corruption activist Alexey Navalny, members of Pussy Riot – including Canadian landed immigrant Nadezhda Tolokonnikova – and others. The group was protesting outside of a courthouse and then shifted to a nearby square where the police moved in.

Radio France journalist Elena Servettaz witnessed police arresting bystanders whose only mistake was to stop and silently watch the small protest. Activists tweeted on Tuesday that Mr. Nemtsov had been sentenced to 10 days in prison and Mr. Navalny for seven.

What is alarming, is that these new cases were argued in front of the same judge who actively participated in the prolonged detention of Russian whistleblower Sergei Magnitsky, who died in custody in 2009 after being beaten in jail and denied medical treatment. He died in prison of pancreatitis in 2009.

In November, 2012, The United States adopted “Magnitksy” legislation that targets Russian officials who engage in and benefit from corruption and the abuse of human rights in Russia. It bans such individuals from traveling to the U.S. and freezes their U.S.-based assets. A European version of the law has been actively debated in the EU and in January, The Parliamentary Assembly for the Council of Europe recommended the adoption of Magnitsky legislation. In Canada, Liberal MP Irwin Cotler introduced a similar private members bill in 2011.

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08
April 2013

The tax haven shell game

CBC

Frederic Zalac has the details about a company run by a Toronto businessman and its role in a multi-million dollar scam that turned in to an international murder mystery.

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05
April 2013

Caribbean go-between provided shelter for far-away frauds

Mail & Guardian

The tangled trail of the Magnitsky Affair, a case that’s strained US-Russian relations and blocked American adoptions of Russian orphans, snakes through an offshore haven in the Caribbean.

The death of Moscow tax attorney Sergei Magnitsky sparked international outrage. It also fueled a push to unravel secret deals that had prompted him to claim that gangsters and government insiders had stolen $230-million from Russia’s treasury.

Magnitsky and other private attorneys investigating the affair on behalf of a major hedge fund followed a path from Russia to bank accounts in Switzerland and luxury properties in Dubai – ending up at a small firm based in the British Virgin Islands that specialises in setting up offshore companies for clients who want to remain in the shadows.

This is the story of behind-the-scenes players in the Magnitsky affair – and the tale of how an offshore go-between provided shelter to fraudsters, money launderers and other shady characters from Russia, Eastern Europe and the United States.

In early 2008 , lawyers working for a London-based hedge fund scrambled to prove that their client had been the victim of a corporate heist.

A gang of mobsters, the lawyers believed, had quietly transferred ownership of three Russian businesses belonging to the hedge fund to a secrecy-cloaked company in the Caribbean.

The offshore company had been established by Commonwealth Trust Limited, a firm in the British Virgin Islands that sets up overseas companies and trusts for clients around the world.

Lawyers for the hedge fund’s owner, Hermitage Capital Management Limited, contacted CTL and demanded answers.

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05
April 2013

Canadian’s firm used in huge Russian tax scandal

CBC News

It’s a tale with the cloak-and-dagger intrigue of a Hollywood thriller: a $230-million heist, corrupt Russian police and government officials, prison beatings, a dead lawyer, Kafkaesque trials and a diplomatic spat between international superpowers.

And now, for the first time, secret files reveal how a Canadian-run offshore company in the Caribbean enabled the transfer of some of that money into a labyrinth of shell corporations around the world in a scandal known as the Magnitsky affair.

The company, Commonwealth Trust Limited or CTL, operated out of the British Virgin Islands, one of the most secretive jurisdictions in the shadowy world of offshore finance. Founded by Toronto millionaire Tom Ward, CTL’s business was registering and administering new BVI corporations for a global clientele.

While there’s no evidence CTL or Ward actively participated in schemes to rob the Russian treasury, documents found amid a massive leak of financial records indicate that the company often failed to check who its real clients were and what they were up to — a practice that allowed the colossal fraud at the heart of the Magnitsky case to unfurl.

“In a sense, CTL became a really good tool in the toolkit of organized criminals,” said Jamison Firestone, a lawyer who represented the company victimized in the Russian heist.

“Organized criminals figure out, ‘Who can we contact to help us move money? Who can we contact to set up offshore companies and help us open bank accounts abroad?’ It’s because firms like CTL exist that this stuff can go on.”

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03
April 2013

Russian oligarch resigns from parliament after National Post investigation reveals Israeli citizenship, Canadian assets

National Post

A Russian oligarch who has maintained high-level influence in Moscow since the close of the Cold War resigned his seat in Russian parliament Tuesday after the National Post revealed he held dual citizenship and had extensive assets in Canada.

Vitaly Malkin tried for almost 20 years to relocate to Canada, investing millions in Toronto, but had been turned away over alleged ties to organized crime. During his failed immigration process he told Canadian officials he had Israeli citizenship and extensive foreign investments.

The Post revealed his past on March 5 and the news ignited a storm of controversy in Moscow because Russian law bars lawmakers from holding dual citizenship and owning undeclared foreign investments.

Mr. Malkin, once listed as one of the world’s wealthiest men, held a seat in the Russian upper house since 2004.

In announcing his resignation from the senate, Mr. Malkin said he has done nothing wrong. He told Russian media he no longer holds Israeli citizenship and was resigning to protect the image of the senate.

“The main accusation is that I was an Israeli citizen in the capacity of the senator,” Mr. Malkin said, according to Itar-Tass, a Russian state news agency. He said he renounced his Israeli citizenship after the rules on holding foreign citizenship changed and before he embarked on another term in senate.

“As far as I understand, I am not an Israeli citizen since August 2007,” he said.

Mr. Malkin said he was the victim of a smear campaign by foreigners motivated by his controversial lobbying in Washington, D.C., this summer against the Magnitsky Act, a U.S. law imposing sanctions against Russian officials involved in the 2009 death of Sergei Magnitsky.

(Mr. Magnitsky was a Russian lawyer who accused government officials of corruption on behalf of American investor Bill Browder, head of Hermitage Capital Management. His death in Russian custody is a source of significant friction between the U.S. and Russia.)

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25
March 2013

Why Russia’s Attempt to Convict a Dead Man Matters

Huffington Post Canada

Today — as though more evidence were required to demonstrate the upside-down state of human rights and the rule of law in Russia — the country’s prosecutors resume their efforts to convict a dead whistleblower of the very corruption he exposed. The posthumous trial of Sergei Magnitsky has properly been called “grim comedy” by a group of French legislators, and it is only the most recent — and patently absurd — element of the Russian government’s strategy to cover up fraud, theft, and human rights violations committed by its own high-ranking officials.

Magnitsky uncovered the scheme — which involved officials from six senior Russian ministries and deprived Russian taxpayers of over $230 million — while working in Moscow as a tax attorney for Hermitage Capital Management, an international investment fund based in London. In 2008, he testified against the officials responsible, and was subsequently arrested and detained at their behest without bail or trial. He refused to recant even as his health deteriorated, he was denied medical treatment, and he died in jail in November 2009 at the age of 37. An investigation into his death — and into allegations that he was badly beaten in prison — was abruptly dropped this week.

Russian authorities continue to insist that he was complicit in the fraud, and they have begun inventing new crimes of which to accuse him in an attempt to further undermine his credibility. Magnitsky is now under posthumous investigation for illegally purchasing shares of Russian energy giant Gazprom, despite the fact the transaction was approved years ago by the Russian Federal Securities Commission. As well, Russian law enforcement revealed last month that it may hold him responsible for the country’s 1998 default for supposedly interfering with a $4.8-billion transfer from the Federal Reserve Bank of New York to the Central Bank of Russia. However, none of these transparently self-serving allegations change the truth that Sergei Magnitsky blew the whistle on widespread corruption among powerful people, and paid for it with his life. Indeed, given the ongoing legal proceedings and smear campaign, even that price now appears to be insufficient.

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22
March 2013

Why Russia’s Attempt to Convict a Dead Man Matters

Huffington Post canada

Today — as though more evidence were required to demonstrate the upside-down state of human rights and the rule of law in Russia — the country’s prosecutors resume their efforts to convict a dead whistleblower of the very corruption he exposed. The posthumous trial of Sergei Magnitsky has properly been called “grim comedy” by a group of French legislators, and it is only the most recent — and patently absurd — element of the Russian government’s strategy to cover up fraud, theft, and human rights violations committed by its own high-ranking officials.

Magnitsky uncovered the scheme — which involved officials from six senior Russian ministries and deprived Russian taxpayers of over $230 million — while working in Moscow as a tax attorney for Hermitage Capital Management, an international investment fund based in London. In 2008, he testified against the officials responsible, and was subsequently arrested and detained at their behest without bail or trial. He refused to recant even as his health deteriorated, he was denied medical treatment, and he died in jail in November 2009 at the age of 37. An investigation into his death — and into allegations that he was badly beaten in prison — was abruptly dropped this week.

Russian authorities continue to insist that he was complicit in the fraud, and they have begun inventing new crimes of which to accuse him in an attempt to further undermine his credibility. Magnitsky is now under posthumous investigation for illegally purchasing shares of Russian energy giant Gazprom, despite the fact the transaction was approved years ago by the Russian Federal Securities Commission. As well, Russian law enforcement revealed last month that it may hold him responsible for the country’s 1998 default for supposedly interfering with a $4.8-billion transfer from the Federal Reserve Bank of New York to the Central Bank of Russia. However, none of these transparently self-serving allegations change the truth that Sergei Magnitsky blew the whistle on widespread corruption among powerful people, and paid for it with his life. Indeed, given the ongoing legal proceedings and smear campaign, even that price now appears to be insufficient.

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