Posts Tagged ‘globe and mail’

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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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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02
January 2013

Canada urged to take a stand in U.S.-Russia spat over corruption, adoptions

The Globe and Mail

Ottawa is studying a list of 60 Russian officials who have allegedly gone unpunished over a major corruption and murder case in their home country, and now has to decide whether to ban them from Canada.

The situation places the Canadian government in the middle of a diplomatic spat between the United States and Russia that has grown to engulf the emotional issue of international adoptions. Last month, Washington moved to freeze the assets and deny visas to Russian officials who have been linked to the 2009 death of a tax-lawyer named Sergei Magnitsky. Moscow quickly retaliated, blocking all adoptions in the country involving American couples last week.

Human-rights advocates are now calling on the Harper government to follow in the footsteps of the Obama administration and bring about a form of justice for Mr. Magnitsky. He died in a Russian jail of alleged mistreatment and torture after testifying against officials in a massive tax fraud, in a case that has sparked concerns of a cover-up after no one was held to account for his death.

Liberal MP Irwin Cotler said that Ottawa should either pass legislation that mirrors the American law, or use existing powers to go after the Russian officials by denying them entry into Canada.

“We share the hopes of the Russian people for a country that is governed by the rule of law, that combats the culture of repression, impunity and corruption that the Magnitsky case highlighted,” Mr. Cotler said in an interview on Monday.

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12
December 2012

Investor presses Ottawa to take up case of whistleblower who died in Russian jail

The Globe and Mail

Russian tax lawyer Sergei Magnitsky was working for Bill Browder’s investment company when he uncovered the largest tax fraud in Russian history and exposed the misdeeds of senior functionaries in six ministries.

Mr. Magnitsky was also working for Mr. Browder, the American-born co-founder of Hermitage Capital Management, when he was thrown into a Moscow prison in November, 2008, by those same officials after testifying against them in the tax case.

So when the 37-year-old lawyer was refused treatment in prison for a pancreatic condition, subjected to repeated torture, and, according to his supporters, beaten to death by guards in the fall of 2009, Mr. Browder decided to devote much of his time to publicizing the case and securing justice for the man who had worked doggedly to bring the Russian corruption to light.

His efforts are starting to pay off. Last week, the U.S. Senate passed the Sergei Magnitsky Rule of Law Accountability Act, which denies visas and freezes the assets of Russians accused of human-rights violations. Now Mr. Browder is asking for a similar response from Canadian authorities.

“The case of Sergei Magnitsky really lays bare the criminality at the top of the Russian government,” he told reporters in Ottawa on Tuesday. “The Russian government has refused to prosecute anybody involved. And so I have spent the last three years looking for other means of justice.”

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11
February 2011

A triple test for investing in emerging markets

The Globe and Mail

Emerging markets are popular these days, but how safe are these far-flung investments?

The Egyptian and Tunisian revolts prove that you can’t assess the risk of emerging markets simply by looking at economic data. Even Israel’s famed intelligence service failed to predict the recent uprisings in its own backyard, just as the CIA did not foresee the collapse of East Germany in 1989.

Or rather, one person did foresee the latter. Vernon Walters, then-U.S. ambassador to West Germany, had just returned from East Germany where he talked to people on the street, and quickly cabled James Baker, then Secretary of State, to report that the communist state would erupt. Mr. Walters was scorned, but he was right – the Berlin Wall fell in a week.

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