Magnitsky is a man that the Americans named an act after, the Magnitsky Act. Is he an anti-fraud hero or was he part of a tax fraud clan?
If you watch this documentary on someone making a film on the Magnitsky case, you may think the last:
Mr. Magnitsky has not been invented, for there has been a case in the European Court of Human Rights, with a judgment on 27 August 2019. In that case his name is spelled as ‘Magnitskiy’. According to the information note it was a case on pre-trial detention:
Death in pre-trial detention following delays in providing emergency medical care and failure to conduct adequate and timely investigation: violation
Facts – The first applicant, a tax and accountancy expert with a Moscow-based law firm, had carried out investigations on behalf of a client in relation to alleged tax fraud. He had subsequently been arrested on suspicion of having assisted in tax evasion. While in custody the first applicant was diagnosed with pancreatitis and he died in pre-trial detention on 16 November 2009. He was convicted posthumously. Prior to his death, the first applicant had complained to the Court, in particular about the conditions of detention and the justification and length of his pre-trial detention. The first applicant’s wife and his mother (who were the second and third applicants, respectively) lodged further complaints following his death.
Looking for further information I got completely confused. Magnitsky seems to be in the middle of a propaganda war between the US and Russia.
Der Spiegel’s article of 17 December 2019 is interesting:
Browder describes Magnitsky as a crucial whistleblower. But that is a construct that was concocted after the fact.
It looks as if Mr. Browder has made a fool of the US government. Still Transparency International keeps believing in Magnitsky.
- Transparency International, on 26 June 2020: “On Wednesday, we celebrated the World Whistleblowing Day. (…) Sergey Magnitsky are just the best-known of the many people who have risked everything to do the right thing and challenge the status quo against all odds.“
- Bill Browder points finger at Bernie Sanders on Magnitsky Act vote, but the real story is his own corruption, RT.com.
- Browder und das Magnitski-Narrativ: Ende einer Desinformationskampagne?, Heise 24 November 2019.
- SPIEGEL Responds to Browder Criticisms of Magnitsky Story, 17 December 2019.
- Andrei Nekrasov, the maker of the documentary, on 23 October 2019 wrote on the ECHR-judgment: Court dismisses central claims in Bill Browder’s Magnitsky story.
- On the film: Controversial film on Sergei Magnitsky’s death set for US screening, The Guardian 24 July 2017.
- On the film: Russian agitprop lands in Washington, Washington Post, 19 Juni 2016.
- European Court of Human Rights, Magnitskiy and Others v. Russia – 32631/09 and 53799/12, judgment of 27 August 2019.
Tussen de Amerikanen en de Russen woedt een flinke propaganda oorlog, reden om dit soort artikelen te wantrouwen:
‘A chain of stupidity’: the Skripal case and the decline of Russia’s spy agencies https://t.co/DCuKJsclak
— Ellen Timmer (@Ellen_Timmer) June 27, 2020
Read the Magnitsky related articles on this blog.
Addition 9 July 2020 | Magnitsky in the UK
In the UK they still believe the Magnitsky story, read The Guardian, Who was Sergei Magnitsky and how did UK sanctions come about?, 6 July 2020.
The Guardian on the same date wrote UK on collision course with Saudis over new human rights sanctions, on sanctions against human rights violations. According to the article these sanctions include 25 Russian nationals involved in the death of Magnitsky. The article did not mention if rule of law was applied by the UK when deciding which people should be added to the sanctions list.
Addition 25 May 2021 | Komisar on Magnitsky
Member of European Parliament, Sven Giegold still believes in the Magnitsky fairy tale, read the article by Lucy Komisar of 22 January 2019, Letter to European Parliament Green Sven Giegold on a resolution to protect a tax cheat. Komisar writes that like Giegold she was one of the founders of Tax Justice Network and that she has sent him information about Browder, the man behind the Magnitsky propaganda.