Posts Tagged ‘orphans’

21
December 2020

Warning that Russia’s ‘childish’ NGO bill will harm civil society

Amnesty

Amnesty International has called on Russian parliamentarians to reject a bill it believes will have a chilling effect on Russian human rights defenders and civil society if it becomes law.

The so-called “Dima Yakovlev” bill introduces, among other things, further severe restrictions on non-governmental organisations (NGOs) in Russia, and bans the adoption of Russian children by US citizens. It is set to go through its third reading in the Russian Parliament’s Lower Chamber – the Duma – tomorrow.

The bill is named after a Russian child who died after adoption in the US and was drafted as a response to the Magnitsky Act, passed in the US this month, which introduced sanctions on alleged Russian human rights violators. Sergei Magnitsky was a lawyer who died in Russian custody and has become symbol of Russia’s violations of human rights.

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06
February 2013

Russia’s casualties of the new Cold War

The Independent

“If we are slapped in the face, we must retaliate, otherwise they will keep on slapping us.” Thus spoke the Russian President Vladimir Putin, just before he signed into law the Dima Yakovlev bill, which bans the adoption of Russian orphans by US foster parents.

The American slap to which Mr Putin was responding was a new law that bans Russian officials implicated in human rights abuses from entering the US or having property there. Dubbed the Magnitsky act, the law primarily focuses on officials allegedly involved in the death of Sergei Magnitsky, a whistle-blowing lawyer who died in a Moscow prison in 2009.

Furious at this perceived meddling in Russian internal affairs, Russia decided to go beyond a mere tit-for-tat response. As well as drawing its own reciprocal list of US officials to ban from Russia, the Kremlin went one step further and banned adoptions, a move which has become one of the most controversial pieces of legislation of Mr Putin’s 12-year tenure as Russia’s leader. Rather than a retaliatory slap, say a growing number of critics, the bill appears more like shooting oneself in the foot to prove a point.

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27
December 2012

Russia puts dead lawyer Magnitsky on trial

The Daily Star

Russia on Thursday opened a fraud trial against Sergei Magnitsky, a lawyer whose prison death in 2009 led to the biggest US-Russia row in years, despite protests by the defence it was illegal to try a dead man.

The Magnitsky family defence lawyers refused to participate in an “unconstitutional” process against a dead man and the judge was forced to adjourn the hearing until the new year.

“The preliminary hearing into Magnitsky’s case has been moved to January 28 due to the absence of the lawyers from the defence,” the press service of the Tverskoy district court in Moscow told AFP.

Magnitsky was arrested in 2008 and spent nearly a year in squalid prison conditions, dying at the age of 37 of untreated illnesses. A report by the Kremlin human rights council last year said he was tortured and handcuffed in his final hours.

Before his arrest, the lawyer said he uncovered a tax scam worth 5.4 billion rubles ($235 million) against the company he worked for, investment fund Hermitage Capital, which involved interior ministry officials.

But he was then charged with the very crimes he claimed to have uncovered and was placed in pre-trial detention. The case was closed after his death but then reopened in August 2011.

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24
December 2012

Launching political war?

Russia Beyond the Headlines
The U.S. initiative to include those who voted for a symmetrical response to the U.S. in the Magnitsky list sparked the tensions around anti-Magnitsky bill. While State Duma deputies warn against it, some human rights activists support this stance.

The U.S. initiative to include those who voted for a symmetrical response to the U.S. in the Magnitsky list sparked the tensions around the Dima Yakovlev bill. While State Duma deputies warn against it, some human rights activists support this stance. Yet Russia’s Presidential Council for Human Rights argues that the move may spark political war between two countries.

If the idea of including State Duma deputies who voted for a symmetrical response to the U.S. in the Magnitsky list comes true, it will not remain unanswered by Moscow, deputy chairman of the State Duma Committee for International Affairs Vyacheslav Nikonov believes.

“The reaction to the idea can be only negative,” he said to Interfax on Sunday. “If things really come to that, a symmetrical reply will follow.”

In his opinion, it is difficult to find similar cases in the entire history of diplomacy. “This may be the first case in history when the issue of sanctions against lawmakers in a foreign country would be raised on such a scale. This is an unprecedented situation,” he said.

Up to 50 000 people, including both Americans and Russins, had urged the U.S. White House to consider including Duma deputies in the Magnitsky list.

The petition for applying the Magnitsky Act to the Duma deputies who supported the Dima Yakovlev bill was posted on the White House website. For the U.S. administration to consider it 25,000 signatures should be collected by Jan. 20.

“We, the undersigned, are outraged with the actions of Russian law-makers, who breached all imaginable boundaries of humanity, responsibility, or common sense and chose to jeopardize the lives and well-being of thousands of Russian orphans, some of whom, the ill and the disabled ones, now might not have a chance of survival if the ban on international adoption is to be put in place,” the petition says.

“We urge this Administration to identify those involved in adopting such legislature responsible under the Magnitsky Act and thus included to the relevant list,” the petition says.

Meanwhile, Head of the State Duma International Affairs Committee Alexei Pushkov sees no legal reasons for Washington complying with the petition of U.S. citizens to add State Duma deputies who voted for the anti-Magnitsky bill to the list of persons who will be denied entry to the United States and to whom other sanctions will apply.

“The administration of the U.S. president does not have any legal grounds for complying with the petition because the Magnitsky Act adopted by Americans does not imply any sanctions in response to the ban on the adoption of Russian orphans by Americans,” he said to Interfax.

Pushkov said relations between Moscow and Washington can badly deteriorate “if the White House decides to include State Duma deputies in the so-called Magnitsky List on any pretext.”

“If this happens, we will follow suit, and then the situation will run into a blind alley because it will develop into an open political war between our countries. I don’ think the U.S. administration is interested in that,” Pushkov said expressing his own opinion.

In contrast, Russia’s eldest human rights activist, Moscow Helsinki Group head Lyudmila Alexeyeva supports the initiative to blacklist Russian deputies who have voted for the “anti-Magnitsky Bill”.
“A cannibalic law has been adopted. Our deputies have done enough for being included in the Magnitsky Act and they realize that,” Alexeyeva told Interfax on Sunday.

“Our constitution prohibits deputies to adopt laws that infringe human rights. Do we have the right to a family? Sure. Does the bill adopted by the State Duma violate the right of every unhappy child at an orphanage longing to be adopted? Sure,” Alexeyeva said.

Alexeyeva told Interfax on Friday that she would not ask President Vladimir Putin to veto the Russian bill retaliating against the Magnitsky Act. “I will not send the appeal. I have no hope that something can be changed,” she said.

Head of the Presidential Council for Human Rights Mikhail Fedotov regards the initiative of blacklisting Russian Duma deputies as harmful.

“Confrontation should not be built up,” he said. “One should not be fanning anti-American or anti-Russian hysteria, but stop in good time and take half a step backward.”

In his opinion, ‘impermissible amendments’, namely those banning the adoption of Russian children by Americans, should be dropped from the bill passed by the State Duma in the third reading.
“Very many reasons of ethical and legal nature are pushing us to that,” he said.

“The agreement which our deputies decided to denounce concerns not only the adoption of Russian children by Americans but also the adoption of American children by Russians. If something is wrong about the agreement, about something written in it, then amendments can be made in the document. Besides, don’t forget that the agreement came into effect only last month,” he said.

“The preamble to the agreement says that a child should grow up in a family environment to guarantee full and harmonious development of the personality. And if it is impossible to preserve the child’s own family, he or she should be placed in a substitute family in the country of birth. And only if that is impossible, international adoption should be considered,” he said.

“Article 6 of the Russian law says that its effect applies to the citizens of countries that will pass laws similar to the Magnitsky Act. Hence, if, for instance, France, Italy, Germany and Great Britain support the American initiative, citizens of those countries will automatically become unable to adopt Russian orphans,” he said.

“But we have never had any complaints about children adopted to those countries. So it turns out that children, our children become pawns in political games. The council believes that this is impermissible,” Fedotov added.
On Friday the State Duma passed in the third and final reading the ‘anti-Magnitsky bill’ also known as the ‘Dima Yakovlev bill’. Initially the bill contained measures against individuals responsible for the violation of the rights of Russian citizens.

For the second reading several amendments were proposed implying a ban on the adoption of Russian children by U.S. citizens and also on the operations of organizations helping to find children for adoption in Russian territory.

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21
December 2012

Russian lawmakers back adoption ban in row with U.S.

Reuters

Russia’s lower house of parliament approved a law banning Americans from adopting Russian children on Friday, in retaliation for U.S. human rights legislation which Vladimir Putin says is poisoning relations.

The State Duma overwhelmingly backed a bill which also outlaws U.S.-funded “non-profit organizations that engage in political activity”, extending what critics say is a clampdown on Putin’s opponents since he returned to the presidency in May.

The law responds to U.S. legislation known as the Magnitsky Act, passed by the U.S. Congress to impose visa bans and asset freezes on Russian officials accused of involvement in the death in custody of anti-corruption lawyer Sergei Magnitsky in 2009.

Washington’s ambassador to Moscow, Michael McFaul, said the Russian bill unfairly “linked the fate of orphaned children to unrelated political issues”.

Putin hinted at a news conference on Thursday that he would sign it into law once the Senate votes on it next week, describing it as an emotional but appropriate response to an unfriendly move by the United States.

“It is a myth that all children who land in American families are happy and surrounded by love,” Olga Batalina, a deputy with Putin’s ruling United Russia party, said in defense of the new measures.

In a pointed echo of the Magnitsky Act, the Russian legislation has become known as the Dima Yakovlev law, after a Russian-born toddler who died after his American adoptive father left him in locked in a sweltering car.

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21
December 2012

Why Has Moscow Passed a Bill to Ban U.S. Adoption of Russian Orphans?

Time Magazine

Passing a new bill in Russia has never presented much of a problem for President Vladimir Putin. With perpetual control of both houses of parliament and a couple of loyalist “opposition” parties to boot, legislation backed by Putin generally amounts to a Kremlin fiat. The hard part this week was in explaining his newest initiative to the public. Intended as a political strike against Washington, the bill does some shocking collateral damage. In effect, it will doom the chances of thousands of Russian orphans, many of them handicapped and emotionally scarred, from being adopted by families in the U.S. How do you justify that?

On Thursday, Putin tried to explain himself in front of a hall full of Russian and foreign journalists, many of whom were clearly outraged by the adoption bill passed the previous day. The first question asked Putin why he had made “the most destitute and helpless children into instruments of political battle.” The second was even more blunt, calling the bill “cannibalistic.” Live on Russian television, Putin mounted a strange defense: How could the journalists stand idly by while the U.S. “humiliates” Russia? “You think that’s normal?” Putin demanded. “What’s normal about being humiliated? You like that? What are you, a sadomasochist? The country will not be humiliated.”

The humiliation Putin had in mind was the U.S. Magnitsky Act, which was passed this month by a huge bipartisan majority in both the House and the Senate. The act seeks to punish a group of Russian officials who have been implicated in the torture and death of a Russian lawyer named Sergei Magnitsky. In 2008, Magnitsky discovered that a group of Russian officials had stolen $230 million from the Russian treasury. When he blew the whistle on their scheme, some of those same officials allegedly conspired to get him arrested, and he died in a prison cell a year later, having been reportedly beaten and denied medical treatment.

Three years since his death, all of his alleged tormentors are still free. Nearly all of them have either kept their government jobs or been promoted. As a last resort, Magnitsky’s friends and colleagues took their pleas for justice to Western capitals, and Washington has now banned the implicated officials from traveling to the U.S., owning property in the U.S., or holding U.S. bank accounts. Putin called the act “unfriendly” and pledged that it would get an “adequate” response from Russian lawmakers.

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20
December 2012

What’s behind Russia’s bill banning US adoptions?

Christian Science Monitor

The bill had originally been a smaller, tit-for-tat response to US legislation, but the Russian Duma has expanded it into a much broader anti-American measure that even Putin may not approve.

A Russian bill that had seemed initially like a tit-for-tat response to US legislation now looks to be exploding into broad legislation that bars almost any US citizen from engaging in non-business activity in Russia – including the adoption of Russian children.

Russia’s State Duma on Wednesday passed a bill, in key second reading, that would ban all adoptions of Russian children by US citizens, order the closure of any politically-active nongovernmental organization with US funding, and block US passport-holders from working in any nonprofit group that authorities deem connected with politics. The bill passed the 450-seat Duma overwhelmingly, with just 15 deputies opposed.

The now radically-amended Dima Yakovlev bill, named after one of 19 Russian children who have died because of alleged negligence of his American adoptive parents in the past two decades, goes far beyond the originally-stated intent to respond to the US Senate’s Magnitsky Act, signed into law by President Obama last week.

The initial bill, which passed first reading last Friday, would have levied economic and visa sanctions against US officials allegedly involved in human rights abuses against Russians. Among the categories of Americans to be hit in the original bill were adoptive parents who abused their Russian-born children and officials involved in the extradition and prosecution of Russian arms dealer Viktor Bout, who was sentenced to 25 years in prison by a New York court last year.

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