email thread pt2/3
From: Bartlett, Sean (Foreign Relations) [http://redirect.state.sbu/?url=mailto:[email protected]]
Sent: Tuesday, April 26, 2016 9:56 AM
To: David Kramer <[email protected]>
Cc: Daniel Calingaert <[email protected]>
Subject: Following up - Magnitsky
Thanks for taking my call just now. The reporter from NBC, Ken Dilanian, has your phone number and I told him you were free after lunchtime today. Daniel, he also has your email address and knows you’re in Kiev.
Below are what I think extremely helpful bullets that Kyle Parker put together that go through the allegations the reporter laid out in his initial note. Hopefully these are helpful to you both as well.
Communications Director, Democratic Staff
U.S. Senate Committee on Foreign Relations
Email: [email protected]
“Magnitsky was not a lawyer, as Browder calls him”
Magnitsky was indeed a lawyer, who represented the Hermitage Fund and many other clients in court. We have viewed court documents evidencing this.
Furthermore, in Sergei Magnitsky's testimony to Russia’s Investigative Committee on 5 June 2008, he confirmed his profession as a lawyer: “Based on my professional activity I provide advisory services on matters of Russian law.”
Finally, Russia’s President Vladimir Putin said at a press conference on December 20, 2012: “Mister Magnitsky, it is known, was not some rights defender, he did not fight for human rights. He was Mister Browder’s lawyer.”
Just to be clear, Magnitsky was not a barrister, and therefore could not represent clients in criminal court, but did represent clients in civil court.
“there is no evidence he was beaten in prison”
There is overwhelming evidence that Sergei Magnitsky was beaten in prison.
Photographs of his beaten body were available to us, which show physical evidence of him having been beaten.
We reviewed the detention center protocol, which reports that Magnitsky was beaten with rubber batons by guards on the evening of November 16, 2009—the night he died.
In July 2011, Russia’s Presidential Human Rights Council referred to the beating of Magnitsky and his injuries in their report: “As a result, Magnitsky was completely deprived of medical care before his death. In addition, there is reasonable suspicion to believe that the death was triggered by beating Magnitsky: later his relatives recorded smashed knuckles and bruises on his body.”
Magnitsky's Death Certificate refers to a cerebral cranial injury.
The forensic postmortem conducted by Russian state experts refers to injuries on Magnitsky's body consistent with the use of rubber batons.
“it’s clear from police and court records that he wasn’t detained because he blew the whistle on an alleged fraud scheme”
The documents that we have show that Sergei Magnitsky was arrested by subordinates of Russian police officer Artem Kuznetsov whom he had implicated after testifying against Kuznetsov for involvement in the fraud against his client Hermitage and the Russian state.
On June 5, 2008, Magnitsky gave a sworn statement to Russia’s Investigative Committee in which he specifically named Russian police officer Artem Kuznetsov and Russian investigator Pavel Karpov.
On October 7, 2008, Sergei Magnitsky made an additional sworn statement to Russia’s Investigative Committee in which he described the theft of 5.4 billion rubles (~230 million U.S. dollars) of Russian tax revenue by the same group he had described in his initial testimony of June 5, 2008 about the fraud against his client.
On November 21, 2008, officer Kuznetsov was assigned to detain Magnitsky.
On November 24, 2008, Kuznetsov’s subordinates arrested Magnitsky.