Justice of Sergei Magnitsky: Extension of Remarks
Floor Speech
Mr. MCGOVERN. Mr. Speaker, on November 16, 2009--almost a year and a half ago now--Sergei Magnitsky died in a Russian detention center. While deaths in detention centers do occur all over the world, and the United States is no exception, what sets Mr. Magnitsky's case apart from many of the others are two remarkable facts.
The first remarkable fact is that Mr. Magnitsky was imprisoned not because he had committed a crime, but because he reported one--he just reported it to the wrong people, the very Russian government officials who had orchestrated a massive tax fraud scheme, and continued to report them increasingly louder the more he was threatened by Russian officials to keep quiet.
The second remarkable fact is that with all the necessary medical intervention, his death most likely could have been prevented--but this medical intervention was purposely withheld as punishment. These two facts make Sergei Magnistsky an emblematic victim of much larger human rights problems in the Russian Federation, the utter corruption and the complete lack of the rule of law in that country. This is what makes the Justice for Sergei Magnitsky Act not just an urgent intervention and attempt to establish accountability in an individual case, but it makes this Act a true Russian Human Rights Act. And I could not be prouder to name the act after this great man, Sergei Magnistsky.
After becoming aware of a massive financial crime, Mr. Magnitsky testified before the official authorities about the largest tax fraud scheme in Russian history. He demonstrated how 230 million dollars were stolen from the Russian Treasury and he implicated a number of public officials who allegedly participated in this scheme. What would be a welcomed treasure of information to any tax fraud investigator in most countries around the world, not so in Russia, where other rules apply. Flying in the face of international legal standards and practices, it was Mr. Magnitsky who found himself arrested and charged with the crimes he helped expose. He was kept in pre-trial detention for almost one year, as the prosecutor's office appeared to have trouble finding any evidence to support their case.
Even more troubling questions relate to Mr. Magnitsky's death. Why did he die, what happened to him? Was he sick? And even then, was he so terribly sick that physicians could not have saved his life? In the absence of a formal and independent investigation into his death, the exact circumstances leading to his death remain shrouded under a veil of government secrecy. What we do know is that when Mr. Magnitsky was sent to prison, he was in general good health and showed no signs of medical problems.
We also know that Mr. Magnitsky--who diligently kept a record of his treatment in prison--was denied urgent medical care when he requested it from his captors, who were aware of his medical needs and deteriorating health.
Many of those unanswered questions deserve an answer--Mr. Magnistky's family deserves an answer, as do the Russian people. Many of my colleagues and friends in Congress, on both sides of the aisle, and in both chambers, would like to see these questions answered. European Members of Parliament would like to see these questions answered. Russian human rights defenders would like to see these questions answered.
Up until now, no serious investigation into these matters has been undertaken, and most worrisome, no one has been held accountable. Not for the fraud, not for the abuse, not for the death.
Mr. Speaker, Sergei Magnitksy was a remarkable person, although he would certainly have disputed this claim. He was a husband, and a father of two children; he was a hardworking attorney; he was trying to provide for his family, a friendly and caring man, like many ordinary citizens in Russia.
What was special about Sergei was that in the face of threats, he had the courage to stand up for what is right. Sergei Magnitsky was special, because he was undeterred in the face of an enormous state apparatus that only served the interests of those people whom he had implicated. Consequently, the state arrested him and detained him for almost one year without bringing any charges. The prosecutor used his imprisonment to soften him up; to make him change or retract his testimony--and when he refused, he paid the ultimate price.
For his contributions to the fight against corruption in Russia, Mr. Magnitsky posthumously received the Transparency International Integrity reward 2009-2010. I quote the chair of the awards committee who said ``He [Mr. Magnitsky] believed in the rule of law and integrity, and died for his belief. Sergei, his heroic fight, and the ideals he stood for must never be forgotten.''
Mr. Speaker, all too often have the deaths of critics or whistleblowers of the Russian regime been swept under the carpet in Russia--Anna Politkovskaya and Natalia Estemirova are just two such famous examples of brave Russians who have died in search of truth. Now, Sergei Magnitsky's name will be added to this illustrious list of brave individuals.
Mr. Speaker, Russia has ratified numerous international human rights treaties. These include the International Covenant on Civil and Political Rights, the Convention against Torture and the International Covenant on Economic, Social and Cultural Rights. The Russian Federation is also a contracting party to the European Convention on Human Rights and has subjected itself to the jurisdiction of the European Court on Human Rights, where it is all too frequently a defendant.
These internationally incurred obligations are binding. When Russia signed those treaties it made a public pledge--with the world as its witness--to uphold the inalienable rights enshrined in those very documents. But Russia not only signed a contract with the global community; but first and foremost, Russia signed a contract with its own people, these international commitments are a public expression of the Federation's desire to protect the individual rights of the Russian people.
If we do not want these human rights treaties to become hollow documents, if we want to maintain an international legal order in which these documents have any meaning at all, we need to speak up and demand that they be observed. What is the use of these treaties, when states can choose to ignore them at will; when they get in the way; when they find them inconvenient? Are we to allow that the signing of human rights treaties becomes a purely cosmetic action? No. I do not think so. I will not stand for that.
But Mr. Speaker, let me be clear. It is not only the formality of observing the treaty that matters. My primary concern is with the content of these documents, for what they represent. They say no to torture and abuse. They say no to arbitrary detention. They say no to murder, either actively or through utter medical neglect. They demand that people are protected from the abuse of the state. They promise that people are treated with dignity.
We need to be candid and frank with our friends and allies. We need to be able to look each other in the eyes and tell the truth. We need to question one another, and call each other out. That is what you do when you are a member of a larger society. For when we fail to do so, we have truly lost touch; we resign to our faith and show we care no longer. Russia, as a most important member of the family of nations, can do better and should do better than that.
I am not alone in this criticism. Senator Cardin has voiced his concern about Sergei's abuse and death. And most recently during a visit to Moscow on March 10, 2011, Vice President Biden also criticized Russia: `a country in which--a company which can be seized, or an owner imprisoned on a politician's whim; in which a lawyer like Sergei Magnitsky [.....] can be arrested after accusing the police of fraud and then die in detention before being tried'. He went on to say ``We will continue to object when we think human rights are violated or democracy and the rule of law are undermined.''
I could not agree more with this statement, Mr. Speaker. And it is to reinforce this message, a message that asks Russia to stop these human rights abuses, to reform their justice system, to address their prison conditions, and to root out corruption and the abuse of power, that I have introduced legislation. I am deeply grateful to Mr. Alcee Hastings, Frank Wolf, Joseph Pitts, Sue Myrick, Steve Cohen and Chris Smith, for their strong support and input.
The bill I introduced today imposes travel bans and financial sanctions on those involved in the fraud scheme and Mr. Magnitsky's abuse and death in prison. The bill further will fully restore if possible what is rightfully the property of the Russian people. By targeting the Russian Treasury, this fraud was committed against all Russian people; they are the true owners of the stolen 5.4 billion rubles.
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