Sergei Magnitsky

Lord Bellingham Excerpts

Wednesday 11th January 2012 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Henry Bellingham)]

I congratulate the right hon. Member for Rotherham (Mr MacShane) on securing this very important debate. The high-profile case of Sergei Magnitsky is of serious concern to Her Majesty’s Government and one in which there is a clear need for Russia to act. As the right hon. Gentleman made clear, Mr Magnitsky, a Russian lawyer, went into pre-trial detention and died in state custody nearly a year later. Before his arrest, he had been working to uncover an alleged tax fraud against the Russian state by certain Russian law enforcement officials, a number of whom are alleged to have been involved in the investigation and detention of Mr Magnitsky.

In July 2011, the Russian presidential council on human rights published a report that found that Mr Magnitsky had been denied medical treatment and had been beaten while in detention, which directly contributed to his death, yet no one has been held to account by the Russian authorities. It is deeply disappointing that the Russian investigative committee appears to have made little progress. The publication of its findings in relation to Magnitsky’s death was postponed a number of times during 2011. They are currently due to be issued on 24 January. It is vital that the Russian authorities complete a thorough and transparent investigation into his death without further delay, as the case has wider implications for the rule of law and respect for human rights in Russia.

[Jo Swinson (East Dunbartonshire) (LD)]

What confidence does the Minister have that the Russian authorities will be able to complete that kind of transparent, thorough and fair investigation in this case?

[Mr Bellingham]

I am grateful to my hon. Friend for intervening. Of course, it is disappointing that the Russian investigative committee has made so little progress. It is also very disappointing that its report has been postponed on three occasions, but we are putting on all the pressure that we can and understand that the report will be issued on 24 January. We will keep up the pressure and look forward to publication on that date.

On HMG action, we have made our concerns very clear to the Russian Government. I should like to point out to the right hon. Member for Rotherham that the Prime Minister discussed this case with the President during his visit to Moscow in September, when he also outlined the need for confidence in the rule of law in Russia. This case is an unfortunate reminder that Mr Magnitsky’s death in pre-trial detention is not an isolated incident in Russia: approximately 50 to 60 people die in pre-trial detention facilities annually.

Our embassy in Moscow is providing financial support to the important work of the Social Partnership Foundation—a human rights non-governmental organisation—to look at the underlying causes of such cases and to help prevent further cases occurring.

The right hon. Gentleman referred to the Government subjecting Russian officials allegedly implicated in Magnitsky’s death to punitive measures in the form of visa bans. He will be aware that the immigration rules enable us to refuse a visa where information on an individual’s character, conduct or associations makes entry into the UK undesirable. However, the UK has a long established global practice, which has been followed by all recent Governments, including the one of which he was a member, of not commenting routinely on individual cases.

The right hon. Gentleman named a number of individuals whom he says were involved in the case. The Home Office and I will look into the cases of those individuals and will write to the right hon. Gentleman in due course.

[Chris Bryant]

I hope the word “routinely” was important in that sentence. The Minister for Immigration has, on several occasions, done a nudge, nudge, wink, wink to me to say, “Look, these people aren’t going to be coming into the country.” Frankly, though, we need more than that. If the Minister was prepared to provide a list of people who would not be welcome in this country, that would be a significant step forward.

[Mr Bellingham]

I am grateful to the hon. Gentleman for making that point. It is not something on which I can give a guarantee this afternoon, but we will be in a better position to do so once the investigative committee has issued its report on 24 January.

[Dr Julian Lewis (New Forest East) (Con)]

There is nothing routine about a murder closely connected with a British enterprise. Although Mr Magnitsky was not a British citizen, this case really is on a par with the Litvinenko murder. The reason why these things keep happening is well known: these people are crossing the Russian state. If the Russian state does not want to be seen as a gangster, surely it should stop killing journalists, lawyers and dissidents.

[Mr Bellingham]

My hon. Friend makes a powerful point in his own inimitable way. I would not want anyone to have the impression that I was describing this case as routine, because obviously it is not. What I said was that the Government have a policy of not commenting routinely on individual cases. Obviously, this is an incredibly serious case, and I take on board what he has said.

On visa action taken by other countries, we are aware of media reports that the US has imposed sanctions on implicated officials and added them to a visa application watch list. Although Bills have been introduced in the US Congress and some other countries’ Parliaments, such as in the Netherlands and Canada, and motions have been passed in support of visa bans against Russian officials allegedly implicated in Mr Magnitsky’s death, we are not aware that those states have taken such action.

What we ultimately want—as all Members will agree, I believe—is the Russian Government to take the initiative in ensuring that justice is achieved in this case and in putting in place measures to prevent further such cases occurring. To that end, we are urging the Russian Government to conduct a full and transparent investigation into Mr Magnitsky’s death, and we continue to raise the case at the highest levels.

[Fabian Hamilton (Leeds North East) (Lab)]

I am grateful to the Minister for what he says about the action that the Foreign Office is taking and to my right hon. Friend the Member for Rotherham (Mr MacShane) for raising the issue in the first place. This case is of the utmost importance. Will the Minister act in concert with his European colleagues, so that all the nations of the European Union can show their anger at the way in which this lawyer has been treated and at the abuse and violation of human rights in Russia today?

[Mr Bellingham]

I will certainly make sure that the hon. Gentleman’s strong comments are passed on to the Minister for Europe, so that he will speak to his European counterparts about this case at the next appropriate Council. He has already raised it with them, and similar action has been taken by other European countries. In the light of what the hon. Gentleman says, we will ensure that the case is raised again.

I should like to say a few words about the wider situation in Russia. The FCO’s annual human rights report makes it clear that we remain concerned about the rights afforded to Russian citizens and the strength of democracy. The Russian Government’s support for human rights often appears ambivalent. As President Medvedev has acknowledged, there is a pressing need to strengthen the rule of law in Russia. Legislative changes to reduce corruption represent a tentative step in the right direction. Reports of grave human rights abuses in the north Caucasus continue, and Russian human rights defenders and journalists remain at high risk. In some cases, though, we have seen some minor positive developments.

The state Duma parliamentary elections have been the key recent test of Russia’s democratic credentials. The conduct of those elections confirmed our concerns about human rights and democracy in Russia. Before the elections, NGOs and media organisations were routinely harassed. The Organisation for Security and Co-operation in Europe was permitted to observe the elections. The Office for Democratic Institutions and Human Rights concluded that they had been

“slanted in favour of the ruling party”.

As my right hon. Friend the Minister for Europe said on 6 December, those conclusions underline the need for alleged electoral violations to be investigated rapidly and transparently and to ensure that all democratic institutions, including the media, civil society and opposition political groups, can operate freely in Russia.

[Malcolm Bruce (Gordon) (LD)]

I apologise for being slightly late. I very much appreciate this debate. Does the Minister acknowledge that it is not just the conduct of the elections but the whole functioning of democracy in Russia that prevents anyone who could challenge the system from getting nominated, never mind elected, as a presidential candidate? Will Her Majesty’s Government not make it clear that pluralism requires a much more open access to democracy than is currently available in Russia?

[Mr Bellingham]

I am grateful to my right hon. Friend for making that strong point. In light of what he says, I can tell him that our wider work on human rights in Russia focuses on a number of key areas: democratic rights, including supporting free and fair elections, freedom of expression and freedom of the media; support for those seeking to resolve conflict in the north Caucasus; support for those seeking to increase monitoring, reporting and prosecution of human rights abuses; better support and protection for human rights defenders; support for those seeking a stronger rule of law with improved access to justice; and making progress towards greater equality and reduced discrimination.

[Jo Swinson]

I thank the Minister for giving way; he is being very generous. In early 2010, I visited Chechnya with Lord Judd to investigate the human rights situation. Will the Minister, in his discussions with Russian colleagues and his ministerial colleagues, impress upon the Russian Government that this is also an issue of security? It was clear from our trip to Chechnya that, without the proper upholding of human rights, the security situation and the terrorism issues faced there would not be resolved.

[Mr Bellingham]

I thank my hon. Friend for making that point. I agree with what she says, and we will ensure that that is taken up at the highest level.

In addition to the Magnitsky case, it is important that the Russian Government fully investigate the unresolved murders of journalists and human rights defenders. We remain concerned at the lack of progress in prosecuting those responsible for the 2009 murder of Natalya Estemirova. The murder of Russian journalist Anna Politkovskaya remains one of the most worrying cases of recent years. More than five years after her tragic death, the case still remains to be concluded. In October, Russian prosecutors announced new charges against suspects allegedly involved in organising her murder. The Prime Minister raised this case with President Medvedev during his recent visit to Moscow, calling on the Russian authorities to take further steps to bring all perpetrators to justice. There is a low success rate in investigating and prosecuting these crimes, thus perpetuating the perception of impunity, which undermines freedom of expression and human rights in Russia.

[Mr Raab]

I thank the Minister for giving way again. He is eloquently making the case for the kind of legislation that the US wants to enact. He mentioned the Bill that has gone through Congress. It looks likely to become law and is unlikely to be vetoed by the President. Given the evidence that he has adduced here before us today, would he be open to that kind of Bill being introduced in the House of Commons?

[Mr Bellingham]

If that Bill gets through Congress, we will certainly look at it very carefully. We will look at whether there are any appropriate lessons for this country, and we will consult parliamentary colleagues from all parts of the House. I cannot give any guarantees, but we need to watch very carefully to see whether the Bill becomes law in the US.

In conclusion, I hope that what I have covered today illustrates the Government’s concern and action, both on the wider issue of human rights in Russia and on the specific case of ensuring justice for Sergei Magnitsky. As my right hon. Friend the Foreign Secretary said:

“Human rights are part of our national DNA and will be woven deeply into the decision-making processes of our foreign policy at every stage”.

That applies to our dealings with Russia as much as with any country. We will continue to engage Russia on human rights through bilateral contacts, including our annual human rights dialogue, which will take place in London this year—in the summer, we hope—as well as through multilateral channels, such as the EU, the UN and the Council of Europe.

I thank the right hon. Member for Rotherham for bringing Parliament’s attention to this issue and giving me the chance to explain the Government’s position. We will continue to push for the respect of human rights and the rule of law in Russia and achieving justice for Sergei Magnitsky.