Posted on 02/17/2013 3:23:22 PM PST by grundle
The posthumous trial of Sergei Magnitsky, a crusading lawyer who died in prison in 2009, is set to begin in Moscow on Monday. The trial is part of an effort by Russia’s government to push back against countries adopting blacklists similar to the Magnitsky law passed last December by the US.
As far as anyone can remember, it will be the first trial of a dead defendant in Russian, or Soviet, history and most expect a speedy conviction.
Bill Browder, the head of investment fund Hermitage Capital, and Mr Magnitsky’s former chief, says he believes the trial is connected to the passage last December of the Magnitsky law in the US, which imposes a visa blacklist and asset freezes on certain Russian officials accused of human rights violations.
Mr Browder recently began a campaign to promote similar laws in Europe, starting with a trip to Paris last week.
“This is just pure vindictive nastiness because they are trying to get some sort of conviction right away,” said Mr Browder. “They can then go around the world and say: ‘Look, you’re naming a law after a convicted criminal.’”
A representative of the prosecutor’s office said it had no additional comment. “The case materials explain everything. We have nothing additional to say.”
A Kremlin spokesperson said: “It’s not really our issue.”
Magnitsky is accused of abusing tax incentives to help a company avoid paying taxes in 2001, charges he was originally jailed for in 2008, after he accused several high-ranking police officials of perpetrating a $230m tax fraud. He died in prison after a year in which he refused to recant his accusations against the police.
Mr Browder points out that the statute of limitations on the accusations dating back to 2001 has run out. “But that’s not the only legal problem there is with this case,” he said.
“First, there is the statute of limitations, secondly, he had nothing to do with the company in question, and thirdly, he’s dead,” said Mr Browder, who said the trial showed that there was “absolute desperation in the government of Russia to try to blacken Magnitsky’s name after the Magnitsky law was passed in the United States”.
Magnitsky was also accused by prosecution officials in a 2010 press conference of being the perpetrator of the tax fraud which he exposed in 2008 and accused police of masterminding. However, this trial will not examine those accusations, Mr Browder said.
Masha Lipman, a political analyst at the Carnegie Centre in Moscow, said that trying Magnitsky appeared to go against Russian law. While Russian law does allow a deceased person to be brought to trial, it is usually only for the purpose of rehabilitation, and only at the family’s request, she said.
Magnitsky’s mother Natalya and her attorney, meanwhile, have opposed the case from the start, and refused to show up for a preliminary hearing in January, forcing the Moscow court hearing the case to appoint defence lawyers.
The Kremlin’s reaction to Magnitsky’s death has changed drastically between 2009, when Dmitry Medvedev was still president, and the present day when the administration is once again under Vladimir Putin.
A vocal critic of Russia’s legal nihilism, Mr Medvedev had promised to clean up corruption in Russian law enforcement, eliminating pre-trial detention for businessmen accused of economic crimes, and ordering that an investigation be opened into Magnitsky’s case specifically.
While Mr Medvedev’s commission found that Russian police had fabricated charges against the lawyer, the Kremlin has since gone on the offensive. “The more allegations on the Browder side, the more stubbornly the Russian law enforcement has insisted it will prosecute Magnitsky itself,” Ms Lipman said.
They don’t have to worry about him taking ths stand.
Those zombies are everywhere!
After they give him a fair trial, they’re going to dig him up and give him a first rate hanging.
If it was Chicago, he’d still be voting.
I had to look at this post just to follow the thread. I’m expecting some pretty good dead lawyer jokes in 5, 4, 3, 2, .......
Therein lies the difference between atheistic nations and Judeo-Christian nations. The former do not believe in God so they do not believe God will push wrongdoers in the afterlife because atheists do not believe in an afterlife. Therefore, atheists try the dead in show trials. (Okay, the also try the living in show trials.)
Judeo-Christian nations try the living with the goals of preventing future transgressions, of obtaining justice for those the person on trial wronged, and providing temporal punishment for the transgressors.
They try dead attorneys. We try living ones.
Why do they bury lawyers 12 feet deep?
Deep down they’re good people.
Does Russia have the death penalty for dead people?
“Masha Lipman, a political analyst at the Carnegie Centre in Moscow, said that trying Magnitsky appeared to go against Russian law. While Russian law does allow a deceased person to be brought to trial, it is usually only for the purpose of rehabilitation, and only at the family’s request.”
I’m not a lawyer and I guess because this statement completely loses me, I never will be. Can anyone explain this? What does rehabilitation mean in this case?
A judicial finding that an original conviction or accusation was in error. Simply put, the only way a dead person can be called into a judicial proceeding is for the purpose of clearing his name...
“Are you a dead lawyer? Has the government been dragging your name through the mud even though you’re deceased? Don’t worry. We’re here to help you. Call the law offices of Digemup and Fleecum today.”
Thanks. I needed that.
>>>>“Masha Lipman, a political analyst at the Carnegie Centre in Moscow, said that trying Magnitsky appeared to go against Russian law. While Russian law does allow a deceased person to be brought to trial, it is usually only for the purpose of rehabilitation, and only at the family’s request.”
I’m not a lawyer and I guess because this statement completely loses me, I never will be. Can anyone explain this? What does rehabilitation mean in this case?<<<<
Russian Criminal Proceeding Code article 24 paragraph 1, point 3 - “death of a suspect or a defendant is a ground to close a case”.
There was a controversial car crash a few years ago in Moscow involving CEO of an oil company and an old female doctor killing the doctor and her son’s wife.
Police investigation fond woman has drove into oncoming lane provoking head-on collision and closed a case under article 24 1-3.
Her family organized a popular “truth” campaign against a “fat cat” who “bought” investigation.
They couldn’t produce any evidence to prove CEO’s driver guilt but this case went as high as Constitutional Court of Russia which ruled article 24 point 1,3 unconstitutional because it allows police to put guilt on dead person (or extrajudicial conviction).
For that reason there is an amendment now. If relatives of dead suspects and defendants aren’t agree with police decision they have their right to demand investigation and trial to have a jury verdict if their dead family member was really guilty or not.
For that reason I doubt this article a bit. It might be Magnitsky’s mother herself who initiated this trial.
BTW, Magnitsky was associated with Soros. I’m not sure if he was really innocent.
The Kremlin’s reaction to Magnitsky’s death has changed drastically between 2009, when Dmitry Medvedev was still president, and the present day when the administration is once again under Vladimir Putin. A vocal critic of Russia’s legal nihilism, Mr Medvedev had promised to clean up corruption in Russian law enforcement, eliminating pre-trial detention for businessmen accused of economic crimes, and ordering that an investigation be opened into Magnitsky’s case specifically. While Mr Medvedev’s commission found that Russian police had fabricated charges against the lawyer, the Kremlin has since gone on the offensive.I didn't check for Putin's buttboys/apologists.
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