Dead Russian whistleblower put on trial

2013-01-28 20:47

Moscow - Russia is preparing to put lawyer Sergei Magnitsky on trial, even though he died in 2009, in the latest twist in a case that has become a byword for rampant Russian corruption and has severely strained US-Russian relations.

The posthumous trial has already provoked outrage among rights groups who see the whistleblower's case as indicative of the rampant judicial abuse, skyrocketing graft, and blurred boundaries between the state and organised crime that have plagued Russia under President Vladimir Putin.

"The trial of a deceased person and the forcible involvement of his relatives is a dangerous precedent that would open a whole new chapter in Russia's worsening human rights record," Amnesty International said in a statement last week.

Prosecutors accuse Magnitsky and his former client, London-based investor William Browder, of a $230m tax fraud carried out through subsidiaries of Browder's company, Hermitage Capital Management.

Magnitsky claimed in 2008 that the fraud was committed by an organised crime group who colluded with corrupt Interior Ministry to register themselves as the owners of three Hermitage subsidiaries, and then claim a $230m tax rebate.

He was arrested shortly after by the same officials and accused of stealing the money himself.

A year later, the 37-year-old Magnitsky died in jail of pancreatitis, after what supporters claim was a systematic torture campaign.

A report by Russia's presidential human rights council found in July 2011 that Magnitsky had been repeatedly beaten and deliberately denied medical treatment.

"If they have the same investigators and judges try the case, then what are they going to say - 'we're guilty and we should be punished?' It's obvious what's going to happen," Magnitsky's mother, Nataliya Magnitskaya, told AP last week.

Russia's top court ruled shortly after Magnitsky's death that posthumous trials were allowed, with the intention of allowing relatives to clear their loved ones' names.

Though neither Magnitsky's relatives nor Browder say they asked for charges to be refiled, prosecutors reopened his case just days after the ruling.

Hearings set

A Moscow court on Monday set preliminary hearings in the case for 18 February.

Browder is being tried in absentia; he has not been to Russia since he was banned from entering the country in 2005.

"To try a dead man is beyond evil," Browder told AP in a telephone interview on Monday.

"This is a politically directed prosecution - Putin and [Prime Minister Dmitry] Medvedev have both directed, have sent the instructions for the outcome of this case."

Evidence collected by Browder on a website, Russian Untouchables, indicates that the officials accused by Magnitsky became substantially wealthier after the tax rebate, spending vastly in excess of their meagre official salaries on international travel, luxury cars, and prime real estate in Dubai.

Officials in Switzerland, Cyprus, Latvia, Lithuania, and Estonia are attempting to trace portions of the $230m rebate to banks in those countries.

Last December, tensions between the US and Russia flared when congress passed a law named after Magnitsky sanctioning officials Browder accuses of involvement in the fraud.

Putin at that time said that Magnitsky died of a heart attack and accused Browder of politicising his death to distract from his own crimes.

Russia responded to the US law by banning adoptions of Russian children by Americans and dropping charges against a prison doctor on trial for negligence in Magnitsky's death.

Browder says he hopes the EU will pass its own Magnitsky act by the end of the year.

  • samuel.mphela - 2013-01-28 20:54

    Whaaaaa? So will he be arrested if found guilty?

  • avremel.niselow - 2013-01-28 21:11

    Coming soon: the trials of Czar Nicholas, Stalin and Julius Ceasar.

  • AnthonyfromAfrica - 2013-01-28 22:32

    . Russian justice at work !! First one gets sentenced to death. Than they kill you. And than they see if you are guilty! It seems the whole bloody lot is drunk 24/7 !!!

      Doep100 - 2013-01-29 06:36

      You gotta love the vodka...

  • cemahanyele - 2013-01-28 22:59

    he is going to plead guilty and will be sentenced to life imprisonment.

  • mordikaai.speak - 2013-01-28 22:59

    A waist of time and money

  • luna.moon.5243817 - 2013-01-29 07:14

    He is a bit smelly, but otherwise ok

  • customdesign - 2013-01-29 07:37

    This is the Russian Government trying to prove that they are a righteous government. The mistake they make is that this would have been quietly set under the rug and now it is displayed to the world again. Their detractors are clearly upset about this and they are just stirring the pot some more. The outcome is clear, he will be found guilty, Putin will feel vindicated from his guilt, and the resistance in Russia will be even more determined than they are now.

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