Tuesday, April 10, 2012
Russia drops charges in lawyer's prison death - Seattle Post Intelligencer
AppId is over the quota
MOSCOW (AP) — Russia's top investigative body said Monday it has dropped charges against a doctor suspected of negligence in the case of a prominent lawyer who reported official corruption in Russia, then died in custody while suffering from untreated pancreatitis.The lawyer, Sergei Magnitsky, had accused Interior Ministry officials of using false tax documents to steal $230 million from the state. He was imprisoned for tax evasion in 2008 and died in custody in November 2009.A private investigation concluded Magnitsky was severely beaten and denied medical treatment in prison, and it accused the government of failing to prosecute those responsible.Magnitsky worked for Hermitage Capital, an investment fund owned and run by U.S.-born William Browder, who has since been barred from Russia as a security risk.On Monday, Russia's Investigative Committee dropped the negligence charge against Dr. Larisa Litvinova, citing a two-year statute of limitations in such probes.Hermitage Capital sharply criticized the decision, calling it "the latest example of the reluctance within the Russian government to hold anyone accountable" for Magnitsky's death."In dropping charges against Ms. Litvinova, the Russian investigators have refused to acknowledge that Sergei Magnitsky had been tortured in custody, a crime that has a 10-year statute of limitations," the investment fund said in a statement.The lawyer's death was seen as a litmus case for Russian President Dmitry Medvedev's pledge to cement rule of law in Russia. Investors working in Russia have said Magnitsky's death and allegations of torture highlight corruption and the arbitrary nature of Russia's justice system.Shortly after Magnitsky's death, Medvedev pledged to personally oversee the investigation which has been on for more than two years and is due to be wrapped up later this month.But the Investigative Committee said Monday it has closed the investigation of Litvinova, the chief physician at the Butyrskaya prison where Magnitsky died, because of the statue of limitations. She was charged with negligence that led to Magnitsky's death, while the prison's deputy chief, Dmitry Kratov, was charged with negligence. The charge was not dropped against Kratov on Monday.Magnitsky's family and colleagues have accused authorities of delaying the probe and charging only perpetrators, rather than those who might have ordered the lawyer's persecution.In an apparent response to these claims, the Investigative Committee said Monday that the probe has taken so long because of lengthy medical procedures and the fact that Litvinova and Kratov were both hospitalized for two months last year for unexplained reasons.The statue of limitations for the charge that Litvinova faced was shortened by Medvedev's amendments to the Criminal Code aimed at reducing the number of crimes that entail criminal liability. Medvedev proposed these amendments in response to criticism of the treatment of jailed businessmen, which was largely inspired by Magnitsky's case.Investigators have recently reopened a tax evasion probe against Magnitsky, even though he is dead, saying that it would give his relatives a chance to clear his name. But his family has objected to that, saying it never requested such an opportunity.In a ruling posted on its website Monday evening, Russia's highest court declined to review a petition by Magnitsky's mother questioning the legality of the posthumous tax evasion probe because she is not party to it. The Constitutional Court also confirmed the legality of the new investigation.
Russia calculates the fees of the lawyer's death in prison
Lawyer, Sergei Magnitsky had accused the officials of the Ministry of the Interior, using false tax documents to steal to 230 million dollars from the State. He was imprisoned for tax evasion in 2008 and died in custody in November 2009.
Private investigation concluded, Magnitsky was beaten and denied medical treatment in prison and accused the Government in order to be responsible for the absence of.
Magnitsky was Hermitage capital, an investment fund owned and run by William Browder, born in the United States, which has been banned in the Russian information security risk.
On Monday, the Russian Committee for the failure of investigations declined to charge Dr. Larisa Litvinova, it specifies the expiration of two years from the date of such probes.
Hermitage capital, sharply criticised the decision, calling it "hold no one responsible for Russia inside the reluctance on the part of the Administration, the most recent example of the" Magnitsky's death.
"By forgoing against Ms. Litvinova Russian scientists have refused to acknowledge that Sergei Magnitsky had been detained, the crime, which is the 10-year limitation, tortured," investment fund said in a statement.
The lawyer's death was seen as the litmus paper of Russian President Dmitry Medvedev in relation to cement the rule of Russia. In Russia, will investors have said the arguments against torture: the death of the Magnitsky and highlight the corruption and the arbitrary nature of the Russian legal system.
Magnitsky's death, Medvedev pledged to personally research, which has been more than two years, and must be wrapped up later this month.
But on Monday, the Committee said the investigations it has closed the Litvinova, medical, Magnitsky died, because the statue of limitations in Butyrskaya prison. He was charged with negligence, which led to the death, even though the prison Magnitsky's Deputy Chief, Dmitry Kratov was charged with negligence. The fee is removed against the Kratov on Monday.
Magnitsky's family and colleagues has been accused of delaying the probe, and the collection of only the perpetrators, and those who may be ordered by the authorities of the persecution of lawyer.
In response to these claims, it is clear from the investigations, the Committee said on Monday that the probe has taken so long to long medical procedures, as well as the fact that the Kratov were both Litvinova and was in hospital for two months in the last year of the unexplained reasons.
In the vicinity of the statue of limitations, Litvinova "was truncated to Medvedev: n changes intended to reduce crime, which causes the criminal responsibility of criminal law. Medvedev proposed changes in response to the criticism of business men in the treatment of jailed, which was largely inspired by the Magnitsky's case.
Researchers have recently again in tax evasion probe against Magnitsky, even if he is dead, saying that it gives to his relatives the opportunity to remove their name. But his family objected, saying it has never asked for such a possibility.
Posted on its website Monday night, a solution to the Russian Supreme Court declined to review the petition questioning the legality of Posthumous tax evasion probe, because he is not a Contracting Party to the Magnitsky's mother. The Constitutional Court shall also determine the legality of the new studies.