Install

Get the latest updates as we post them — right on your browser

Today's paper. Last Updated: 05/28/2012

Too Early for Congratulations on Magnitsky

President Dmitry Medvedev has fired 20 prison officials, including the heads of the Moscow branch of the Federal Prison Service and the Butyrskaya jail, where Sergei Magnitsky died last month after being denied medical care.

As Magnitsky’s former boss, I’ve been getting congratulatory messages since the Federal Prison Service announced Medvedev’s Dec. 4 decree about the dismissals on Friday. But Medvedev’s attempts to show he is serious about investigating the Magnitsky affair are terribly misleading because the people truly responsible for Magnitsky’s false imprisonment and death are going unpunished.

The investigation is focusing on neglect by prison officials that led to Magnitsky’s death. Magnitsky was not neglected in prison. He was actively persecuted. After being falsely arrested in November 2008, Magnitsky was subjected to inhumane conditions in pretrial detention centers that were much worse than those of a normal prisoner.

To be sure, prison officials responsible for Magnitsky’s care in prison should be punished for criminal negligence. But there is another aspect of the Magnitsky tragedy that is being conspicuously ignored — why he was arrested in the first place. Magnitsky was jailed by law enforcement officers whom he had accused of participating in a scheme to steal $230 million in state funds.

The officers who imprisoned Magnitsky wanted him to withdraw his testimony against Interior Ministry officers in the $230 million scheme and to change his story to incriminate himself and his client, William Browder, head of Hermitage Capital. He was promised his freedom for doing this. When Magnitsky repeatedly refused to comply, his conditions were made worse until he died.

The state of the Russian prison system and the ultimate cause of Magnitsky’s death — ruptured digestive system and heart failure — are just distractions from the main issue that Medvedev should be investigating.

The only issue that really matters in Magnitsky’s case is that a group of corrupt law enforcement officers imprisoned a man who they knew was innocent, and they purposely put him in awful conditions in an attempt to get him to change his story. This is how Magnitsky was killed.

Although prison authorities clearly bear responsibility for allowing their law enforcement colleagues to continuously play this game and use their institutions as instruments of pressure, they were not the people who were actively persecuting Magnitsky, and they are not the people who should bear the most blame for his illegal arrest and death. Furthermore, they are not even being accused of the real crime — allowing their institutions to be used as instruments of pressure by fellow law enforcement agencies. The 20 prison officials who were fired are simply being accused of negligence, not criminal negligence.

Interior Ministry officers Artyom Kuznetsov and Pavel Karpov need to be investigated over whether they played any role in the $230 million scheme and fabricating the case against Magnitsky after he accused them of wrongdoing.

Oleg Silchenko, an investigator in the case, also needs to be investigated over whether he pressured Magnitsky to change his testimony.

In addition, Andrei Pechegin, an official at the Prosecutor General’s Office, was entrusted with fielding all of Magnitsky’s complaints, and an investigation needs to be opened into whether he prevented the complaints from being investigated or passed to higher-ups. No investigation ever followed any complaints that the Law Society of London and the International Bar Association made to Medvedev or that I made to the Prosecutor General’s Office about Magnitsky’s illegal detention or the conditions of that detention. The only thing I received was a short, pro forma letter from Pechegin stating that Magnitsky was detained in accordance with Russia’s laws and that everything was fine.

Judges Svetlana Ukhnaleva and Yelena Stashina also need to be investigated for making rulings that allowed the Interior Ministry to keep Magnitsky in detention in violation of law. Whether they knew the details of why the Interior Ministry wanted Magnitsky kept in detention is irrelevant. They must have known that there was no legal basis for his detention.

The importance of opening thorough investigations into Kuznetsov, Karpov, Pechegin, Ukhnaleva and Stashina is much higher than the need to investigate the prison authorities, which just looked the other way as Magnitsky slowly died. Medvedev should indict the people behind the $230 million fraud and forgery scheme that Magnitsky exposed. He also should punish the people who are responsible for Magnitsky’s unjust arrest and for creating the conditions that killed him. Until Medvedev does this, no congratulations are in order.

Jamison Firestone is an attorney and managing partner of Firestone Duncan, which has offices in Moscow and St. Petersburg.





This article has no comments.

Be the first to leave a comment


Discussion
The Moscow Times welcomes your comments and invites you to discuss topics with other readers. Your comment will be posted automatically to enable a live discussion. If you aren't familiar with our comments policy, you can read it here.

If you're a registered user, you can start typing your comment below. If not, take a moment to sign up. and then return to the article.

If your comment doesn't appear, contact us by using our web form.

Comments

Comments via Facebook



Also in Opinion

There's Just One Nationality — Mathematician

Nationalism is an infantile disease. It is the measles of mankind."

Russia's New Propaganda Minister

After Monday's announcement that historian Vladimir Medinsky was appointed the culture minister, critics quickly labeled him the new propaganda minister. Medinsky's academic ethics and historical distortions may raise serious questions, but for the Kremlin, he has three important attributes that are much more important: He is a model United Russia leader, a firm Putin loyalist and a skilled sophist.

Spinning Medvedev's Government

Were this 2008 and not 2012 — and had Dmitry Medvedev been named prime minister without having first served a full term as president — then the composition of his new government might have created a generally positive impression.

New Government Faces Old Problems

A longstanding platitude shared by both the Kremlin as well as domestic and foreign analysts is the need for Russia to diversify its economy away from energy dependence and reduce its non-oil budget deficit.

Putin's Postman Delivers Nothing at the G8

In the mid-1990s, former President Boris Yeltsin fought hard for the right to sit as equal at the same table with the leaders of the world's seven leading democracies. Using a lot of political wrangling, Moscow finally secured permanent membership in this elite club where the real heavyweights are supposed to solve the world's most pressing problems.

Russia Stays Home

Just three days before his return to the Kremlin as president, Vladimir Putin met behind closed doors at his residence in Novo-Ogaryovo, outside Moscow, with U.S. National Security Adviser Tom Donilon, who was there to transmit President Barack Obama's renewed determination to strengthen cooperation with Russia.



print


Comments

This article has no comments.

Be the first to leave a comment



To Our Readers

The Moscow Times welcomes letters to the editor. Letters for publication should be signed and bear the signatory's address and telephone number.

Letters to the editor should be sent by fax to (7-495) 232-6529, by e-mail to oped@imedia.ru, or by post. The Moscow Times reserves the right to edit letters.



Most Read
MarketGid