Sergei Magnitsky Case: Visa Restrictions
(Limited Text - Ministerial Extracts only)
Read Full debate
The Minister for Europe (Mr David Lidington)
I first congratulate my hon. Friend the Member for South Swindon (Mr Buckland) on securing a debate on this important subject. The fact that Members from a range of political parties are present—some of whom have contributed by way of intervention—is a very clear message, not just to people who follow these affairs in the United Kingdom, but, I hope, to those in Russia who pay attention to our proceedings and those who do so on behalf of the Russian Government, that the case of Sergei Magnitsky has not been and will not be forgotten and that the fact that the causes of his death are not being properly investigated and no one is being held to account for his treatment while in prison in Russia cannot but do serious and growing damage to Russia’s reputation, not just in the United Kingdom, but in many other countries in Europe and around the world.
I want to begin by expressing my sympathy on behalf of the Government to the family and friends of Sergei Magnitsky. The tragic circumstances of his death have been outlined eloquently by my hon. Friend today and by many hon. Members in previous parliamentary debates on this subject. Every element of this case is of concern to the Government. The circumstances of Mr Magnitsky’s arrest, detention and eventual death, and the subsequent handling of the case by the Russian authorities are deeply troubling. I fully appreciate the strength of feeling about this case from many Members of the House.
As I have made clear in the past, the Government agree entirely with the sentiment that lay behind the resolution of this House of 7 March 2012, namely that we should defend human rights, condemn those who abuse such rights and tackle a culture of impunity for abusers, wherever the abuse takes place and whoever is responsible. In particular, the clear wish of the House in the resolution was to secure justice for Mr Magnitsky.
During the debate last year, the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for North East Bedfordshire (Alistair Burt), made it clear that the Government would continue to handle the case within the long-established practices of this Government and previous Governments. He undertook to re-examine the situation after the passage of the American Act to ascertain whether there were lessons that we might draw for our own policy.
In recent weeks, the Russian authorities have formally closed the investigation into Mr Magnitsky’s death without any results. That happened despite the fact that it was not some outside body—not some non-governmental organisation or foreign Government—that concluded in 2011 that Mr Magnitsky’s death was probably the result of having been severely beaten and denied medical treatment, but the Russian presidential committee on human rights. It is therefore all the more dismaying that the Russian authorities should have closed the investigation into Mr Magnitsky’s death without results.
Sir Peter Bottomley
Would it be possible and diplomatically appropriate for this debate to be passed, with respect, to His Excellency the Russian ambassador in London, with an invitation to have a meeting, on or off the record, with Members of Parliament who are interested in hearing what he has to say, at which he could also, if he would be prepared to, hear what we have to say?
Mr Lidington
From my knowledge of the Russian ambassador in London, I am sure that he will be paying close attention to what is being said in the House this evening and that no prompting will be necessary. I am sure that he and his team in the embassy will take the words of my hon. Friend as an invitation for such a conversation to take place.
Perhaps even more worrying than their closing of the investigation is that the Russian authorities have launched a posthumous prosecution of Mr Magnitsky on charges of fraud. I confess that there is something macabre about such a spectacle. My understanding is that such a procedure is within the ambit of the Russian constitution and Russian law, but that it has been used on only exceptional occasions in the past. Trying a dead man and a man seen by many internationally as a whistleblower, to put it mildly, undermines efforts to tackle the perception of widespread corruption within Russia.
I am afraid that we have to conclude from what has happened in recent weeks in Russia that there is no evidence that the passage of the Act in the United States has brought or is likely to bring closer the outcome that all of us wish to see, which is justice for Mr Magnitsky’s family and a thorough, above-board investigation into his death. Altering our own fair and long-established practice of entry requirements for foreign nationals seeking to come to the UK would be unlikely to contribute to achieving justice for Mr Magnitsky either.
The duty of confidentiality means that the details of individual cases are not routinely discussed. As the House knows, the United Kingdom does not prejudge evidence against individuals speculatively.
When visa applications are made, they are considered on their individual merits, taking into account all circumstances and information available to us at that time. As the Home Secretary, the Foreign Secretary and I have regularly made clear in this House and outside, where credible evidence exists, immigration rules empower us to deny entry to those who abuse human rights. It is a declared policy of the present Government that people against whom there is credible evidence of complicity in the abuse of human rights, should not normally expect to be granted admission to the United Kingdom.
We continue to raise the Magnitsky case with the Russian Government, making it clear that in our view a lack of progress in the case is at odds with the efforts they are making to demonstrate the independence of their judiciary, and to portray Russia as an attractive place for foreign investors. Most recently, my right hon. Friend the Foreign Secretary raised the Magnitsky case with Foreign Minister Lavrov during talks in London last month, and I did the same when I met Deputy Foreign Minister Titov in Moscow in February. Recent developments in the Magnitsky case will also be discussed, as a matter of serious concern, by senior officials at the next bilateral human rights dialogue between the United Kingdom and Russia. I remind the House that the United Kingdom is unique among all EU member states in holding annual bilateral meetings to allow formal discussions about human rights. That gives us the opportunity to hold Russia to account on the human rights obligations into which it has entered through its participation in various United Nations conventions, and in the European convention on human rights.
Let me try to respond to the specific questions posed by my hon. Friend the Member for South Swindon. He asked about allegations that members of the so-called “untouchables” have been complicit in criminal offences committed in the United Kingdom. In relation to that, however, and to a couple of his other questions, he will understand that we have independent investigating and prosecuting agencies in this country, and it is not for Ministers to judge the credibility or strength of particular pieces of evidence. On the first question, we have a Serious Organised Crime Agency whose job it is to prevent, detect and contribute to the reduction of serious and organised crime, to gather, store and analyse information about such crime, and to deliver the statutory requirement set out in legislation and international treaties.
For reasons the House will understand, SOCA’s policy is to neither confirm nor deny any details of its activity, files it may have received, or specific requests concerning named subjects. However, that agency is always on the look out for and ready to investigate credible allegations of crimes of a serious international character that may have been committed.
My hon. Friend also asked about the death in Surrey of Mr Perepilichnyy. At present his death is still being investigated by the Surrey police, which they are treating as unexplained, and I therefore do not think I can comment or speculate on a live police investigation. Our understanding is that Surrey police believe they have access to all the assistance they currently require to carry out their investigation into the cause of death. My hon. Friend asked whether the Government would take into consideration the list of 280 people allegedly involved in the Magnitsky case that Congressman Jim McGovern submitted to the state department. As apparent from my earlier remarks, the Home Office would not consider documents provided speculatively in the absence of an actual visa application from an individual. Having said that, when a visa application is made, it is considered on its merits, and all circumstances and information available to us at that time are taken into account. When credible evidence exists that a person has been involved in human rights abuses, they should not expect to be allowed entry to the UK.
My hon. Friend asked about EU visa and banking privileges. We would be willing to looking at any proposals at EU level and to discuss them with our EU partners. The hon. Member for Strangford (Jim Shannon) raised the question of asset freezes. For the reasons I gave earlier, we do not believe that introducing asset freezes along the lines that the United States has introduced them would contribute to the objective we seek. Asset freezes would also need to meet legal tests. When assets are frozen by the UK or another democracy, they can find that such decisions are challenged in the courts. There are ongoing cases in which even UN and EU asset freezes against individuals are being challenged through the courts. There would have to be credible evidence that could, if necessary, be tested in a court to justify asset freezes in any individual case.
The promotion and protection of human rights continues to be a key priority in our bilateral relationship with Russia. In recent months, we have seen a worsening of the human rights situation in that country, whether in relation to the Magnitsky case, the restrictive legislative changes on freedom of assembly, the moves against the opposition, the inspections of non-governmental organisations, or the draft legislation to curtail freedom of assembly for lesbian, gay, bisexual and transgender people. Those concerns are set out in the Foreign Office’s “Human Rights and Democracy” report, which the Foreign Secretary launched yesterday.
We will continue to press Russia to take the initiative to ensure that the Magnitsky case and other cases are brought to thorough and transparent conclusions. That would send a positive signal on the protection of human rights and democracy in Russia.
Question put and agreed to.