Posts Tagged ‘russia beyond the headlines’

18
April 2013

Russia seeks arrest in absentia for Magnitsky boss Browder

Russia Beyond The Headline

Russian law enforcement agencies asked the court to issue an arrest warrant in absentia for Hermitage Capital co-founder and CEO William Browder at a court hearing on Wednesday.

Russian law enforcement agencies seek to declare Hermitage Capital co-founder and CEO William Browder internationally wanted as an investigation into his alleged embezzlement of Gazprom shares is currently going on. A ditective was announced at a court hearing on Wednesday, at which police asked the court to issue an arrest warrant in absentia for Browder.

Judge Pyotr Stupin read out the directive at a hearing at Moscow’s Tverskoi Court on Wednesday.

The Russian Criminal Procedure Code stipulates that arrest in absentia cannot be ordered for a person before he or she is declared internationally wanted.
The directive on declaring Browder internationally wanted is dated April 8.

As a rule, if a court grants a motion on arresting a person in absentia, the investigative agency, in this particular case the police, passes the necessary documents to the National Central Bureau of Interpol. After analyzing these documents, the bureau forwards them to the Prosecutor General’s Office, which is supposed to take the relevant procedural steps.

The Interior Ministry told Interfax that, if Browder’s arrest in absentia is endorsed, he will be placed on the international wanted list.

“As the accused Browder is evading arriving for investigative procedures, even though he has been notified about this necessity using various methods, the investigation has filed a request with a court on considering his arrest in absentia as a pretrial restrictive measure,” it said. “If a court grants this request, the mechanism of declaring Browder internationally wanted will be launched,” it said.

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04
March 2013

Preliminary hearings of Browder and Magnitsky tax case due at Tverskoy court

Rusia Beyond The Headlines

Moscow’s Tverskoy district court on Monday will have preliminary hearings of the tax-evasion case of the head of Hermitage Capital investment fund William Browder and the late lawyer of the fund Sergei Magnitsky.

The sides will file their motions after which the date of hearing of the merits of the case will be set. The interests of the sides will be represented by appointed attorneys Nikolai Gerasimov and Kirill Goncharov. They were given time until March 4 to examine the findings of the case.

The lawyer of Magnitsky mother, Natalia Magnitskaya, before the beginning of the Feb. 18 session read out for the press her message to the judge of Tverskoy court saying that she finds the trial illegal and the relaunching of criminal persecution after her son’s death without a corresponding application from the family cynical.

“I am not authorizing anyone to represent the interests of my son in Tverskoy court. The person who assumed this duty will be acting contrary to his interests,х” the statement says.

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28
February 2013

Magnitsky Act sponsor is denied Russian visa

Russia Beyond the Headlines

Despite having traveled to Russia before and intervention of the U.S. Ambassador to Russia, Congressman Chris Smith was denied a Russian visa.

U.S. Congressman Chris Smith (Republican-New Jersey), chairman of the House of Representatives Foreign Affairs subcommittee on human rights, has been denied a Russian visa.

According to Smith, he had previously traveled to the Soviet Union and Russia, but in February 2013 he was denied a visa, despite intervention by U.S. Ambassador to Russia Michael McFaul. The congressman said that no reason has been given; however, Russian Ambassador to the US Sergei Kislyak reportedly said that the decision had been made in Moscow, not at the Russian Embassy in Washington.

Smith believes the refusal was retaliation for the passing of the Magnitsky Act. Nevertheless, the congressman plans to reapply for a visa. He said he had previously been denied visas to China, Cuba and Belarus. He had planned to travel to Russia to discuss the Dima Yakovlev Law, which bans Americans from adopting Russian children and was passed partially in response to the Magnitsky Act. Smith said he shared the legitimate concerns of the Russian officials and had prepared a resolution highlighting the death of 19 Russian children adopted by American parents.

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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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17
July 2012

Last-ditch effort backfires on Magnitsky

Russia Beyond the Headlines

Russian lawmakers urged Congress last week to reconsider the Magnitsky bill, but so far have gotten the opposite result. If passed, the Magnitsky bill could derail US-Russian relations for years Russian Senators said.

Several members of Russia’s Senate, called the Federation Council, made a rare appearance in Washington, D.C., this past week in a last-ditch effort to convince their American peers to reconsider the controversial Magnitsky Bill—a piece of legislation that Moscow considers to be explicit interference in the internal affairs of the country.

Russia’s Ministry of Foreign affairs has repeatedly warned Washington about the consequences of this legislation. The Magnitsky Bill sanctions a number of the Russian officials that the U.S. Congress has deemed responsible for or are connected to the case.

In 2008, Sergei Magnitsky said that he had uncovered a scheme that top officials from Russia’s Interior Ministry and other agencies had created a plan to defraud the Russian government. Two of the officials turned around and implicated him for tax evasion on behalf of his client, the investment firm Hermitage Capital headed by William Browder, then a longtime cheerleader for President Vladimir Putin.

Magnitsky died after a year in pre-trial detention, during which his health deteriorated dramatically; Russian investigators found he had been beaten while in prison. While the Russian government has stressed that any human rights investigations should be conducted internally, Browder has headed an international investigation of his own and become one of Putin’s fiercest critics.

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23
March 2012

Return on Investment

Russia Beyond the Headlines

Conventional wisdom – and Republican presidential candidate Ron Paul – say that providing financial aid to foreign countries is a shameful waste of U.S. taxpayers dollars. However, a recent story in the New York Times suggests that this common believe, believe it or not, American politicians could actually be wrong on this point.

According to the story, in 1989, Congress approved legislation allowing the investment of U.S. federal funds in the former communist countries of Eastern Europe and Central Asia – to help them develop market economies. Far from being wasted, these investments turned to be quite successful, having generated a lofty $2.3 billion in returns. Part of the proceeds was returned to the Treasury, but some of the money has been stuck in Congress for years. Now, the Obama Administration wants to redirect a $50 million generated by the U.S.-Russia Investment Fund into a “civil society fund” that would underwrite democracy promotion in Russia.

The timing of the announcement is hardly coincidental. The Obama Administration has finally gotten serious about repealing the Jackson-Vanik amendment, the notorious relic of the Cold War that still deprives Russia of the permanent normal trade relations status as a punishment for restricting Jewish emigration in the 1970s. The effort has been met with a stiff resistance by the Republicans on Capitol Hill. While agreeing with the White House that the amendment should go – as keeping it on the books now, that Russia is joining the WTO, will hurt interests of American companies – Republicans argue that something else should be put in place to hold Moscow accountable for what they habitually call “human-right abuses.”

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12
July 2011

Inside Russia, new light shines on Magnitsky case

Russia Beyond The Headlines

Investigators, prison doctors, prosecutors and judges are responsible for the death of the Hermitage Capital fund lawyer, the presidential council on human rights stated. The international community watches to see what happens next.

The Russian lawyer who once worked for a U.S. investment fund died after a brutal beating from prison guards, the presidential council on human rights confirmed last week. Investigators, prison doctors, prosecutors and judges are all responsible for the death of the Hermitage Capital fund lawyer, the Presidential Council on Human Rights also found.

Their findings have international implications, as the case is seen as another litmus test for how the Kremlin can handle cases of alleged official corruption and abuses of power. In death, Magnitsky has become an international cause celebre: The 37-year-old lawyer died alone in prison in November 2009. He had accused officials of tax fraud before his arrest.

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20
May 2011

“Who knows where I will be soon”

Russia Beyond the Headlines

The metal cage used for prisoners in courtroom No. 14 at the Tverskoi regional court was empty during a recent hearing, its door wide open. Moscow spring sunshine streamed through windows, their metal bars pushed aside.

There was no need for locks two weeks ago when the court considered the arrest of Ivan Cherkasov, a senior executive at British investment fund Hermitage Capital. Cherkasov lives in London and has no intention of returning to face the charges of tax evasion he says are false. He says his arrest is a counter attack by rogue forces in the Russian security services.

In a bold and surprising move just days before, an independent commission set up by President Dmitry Medvedev said that the charges in the case of Russian lawyer Sergei Magnitsky were fabricated by Interior Ministry officials and that Interior Ministry and FSB security service officers were at least partly responsible for Magnitsky’s death in 2009.

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