The applicants argued that Mr Magnitskiy’s arrest had not been based on a reasonable suspicion of a crime and that the authorities had lacked impartiality as they had actually wanted to force him to retract his allegations of corruption by State officials. The Government argued that there had been ample evidence of tax evasion and that Mr Magnitskiy had been a flight risk.
The Court reiterated the general principles on arbitrary detention, which could arise if the
authorities had complied with the letter of the law but had acted with bad faith or deception. It
found no such elements in this case: the enquiry into alleged tax evasion which had led to Mr Magnitskiy’s arrest had begun long before he had complained of fraud by officials. The decision to arrest him had only been made after investigators had learned that he had previously applied for a UK visa, had booked tickets to Kyiv, and had not been residing at his registered address.
Furthermore, the evidence against him, including witness testimony, had been enough to satisfy an objective observer that he might have committed the offence in question. The list of reasons given by the domestic court to justify his subsequent detention had been specific and sufficiently detailed.
The Court thus rejected the applicants’ complaint about Mr Magnitskiy’s arrest and subsequent detention as being manifestly ill-founded.
“Manifestly ill founded”. The mainstream media ran reams of reporting about the Magnitskiy case at the time of the passing of the Magnitskiy Act. I am offering a bottle of Lagavulin to anybody who can find me an honest and fair MSM report of this judgement reflecting that the whole story was built on lies.
Magnitskiy did not uncover corruption, then get arrested on false charges of tax evasion. He was arrested on credible charges of tax evasion, and subsequently started alleging corruption. That does not mean his accusations were unfounded. It does however cast his arrest in a very different light.
Where the Court did find in favour of Magnitskiy’s family is that he had been deprived of sufficient medical attention and subject to brutality while in jail. I have no doubt this is true. Conditions in Russian jails are a disgrace, as is the entire Russian criminal justice system. There are few fair trials, and conviction rates remain well over 90% – the judges assume that if you are being prosecuted, the state wants you locked up, and they comply. This is one of many areas where the Putin era will be seen in retrospect as lacking in meaningful and needed domestic reform. Sadly what happened to Magnitskiy on remand was not special mistreatment. It is what happens in Russian prisons. The Court also found Magnitskiy’s subsequent conviction for tax evasion was unsafe, but only on the (excellent) grounds that it was wrong to convict him posthumously.
The first use of the Magnitsky Act was to sanction those subject to Browder’s vendetta in his attempts to regain control of vast fortunes in Russian assets. But you may be surprised to hear I do not object to the legislation, which in principle is a good thing – although the chances of Western governments bringing sanctions to bear on the worst human rights abusers are of course minimal. Do not expect it to be used against Saudi Arabia, Bahrain or Israel any time soon.
The Liberty Beacon Project is now expanding at a near exponential rate, and for this we are grateful and excited! But we must also be practical. For 7 years we have not asked for any donations, and have built this project with our own funds as we grew. We are now experiencing ever increasing growing pains due to the large number of websites and projects we represent. So we have just installed donation buttons on our websites and ask that you consider this when you visit them. Nothing is too small. We thank you for all your support and your considerations … (TLB)
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