Sergei Magnitsky

Chris Bryant Excerpts

Wednesday 7th March 2012 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)]

I begin by thanking my hon. Friend the Member for Esher and Walton (Mr Raab) and others for raising this important subject and securing the Back-Bench debate. I also thank the hon. Member for Wolverhampton North East (Emma Reynolds) for her remarks. I will listen carefully to Members who speak in the debate. I am conscious that many colleagues wish to speak, so I will try to keep my remarks to 10 minutes or so, but I assure Members that I will stay for the rest of the debate and reflect carefully on the matters raised.

I express my profound sympathy, on behalf of the Government and all Members, to the relatives and friends of Sergei Magnitsky. The circumstances of his death are deeply troubling, as my hon. Friend the Member for Esher and Walton set out. The fact that no one has been held to account for it is a matter of serious concern to the Government, and we raise the issue with the Russian authorities at the highest levels and at frequent intervals. It is important that those responsible are brought to justice, and we urge the authorities to do that. The issue is wider, however. The death of Sergei Magnitsky serves as a stark reminder of the human rights situation in Russia and the questions about the rule of law there. My remarks will cover both the specific and the general.

The presidential elections are now behind us. A new Government are coming in, and we shall engage with them with determination to secure justice for Sergei Magnitsky and to address the wider issues at stake.

[Chris Bryant (Rhondda) (Lab)]

Will the Minister give way?

[Alistair Burt]

I want to give way only a couple of times, in order to protect others’ time, but I will happily give way to the hon. Gentleman.

[Chris Bryant]

I will be very brief. I just want to know whether the Minister is going to support the motion.

[Alistair Burt]

I ask the hon. Gentleman to listen to my remarks, and then he will understand the position that the Government take.

Most Members are familiar with the circumstances of Mr Magnitsky’s death, but I will give the Government’s view. Mr Magnitsky, a Russian lawyer working for Hermitage Capital Management, was arrested in November 2008 and taken into pre-trial detention, where he died nearly a year later. Before his arrest, Mr Magnitsky had been working to uncover an alleged tax fraud against the Russian state by certain law enforcement officials. He had given evidence against a number of Interior Ministry officials accused of tax fraud, and a number of the same individuals are alleged to have become involved in Mr Magnitsky’s investigation and detention.

In July 2011 the Russian presidential council on human rights published a report, which found that Mr Magnitsky had been denied medical treatment and beaten while in detention. Both those abuses contributed directly to his death. No one has yet been held to account for his death by the Russian authorities. The Russian investigative committee, which leads the criminal investigation into his death, appears to have made little progress, which we regret. The publication of its findings on Mr Magnitsky’s death has been postponed four times in 2011 and 2012, and the findings are currently due to be issued on 24 April. The lack of progress on the case is deeply troubling for all who care about human rights and about Russia.

We raise our concerns about the case with the Russian authorities at all levels, as the hon. Member for Wolverhampton North East suggested we should. The Prime Minister discussed it with President Medvedev during his visit to Moscow in September, and most recently the Minister for Europe raised it with his opposite number Titov in late January. He urged the Russian authorities to complete a swift, thorough and transparent investigation into Mr Magnitsky’s death with no further delay, and that is the position of the UK Government.

There is no doubt that the case has wider implications on the rule of law and respect for human rights in Russia. Indeed, that is the premise of today’s debate. Mr Magnitsky’s death in pre-trial detention is not an isolated incident but a fate shared by about 50 to 60 people in Russia every year. The initiative behind the motion speaks to an instinct that we in government, and all of us in Parliament, share—to defend human rights, condemn those who abuse them and tackle a culture of impunity for those who do so, wherever it exists. The Foreign Secretary has always been clear that human rights are at the heart of the Government’s work around the world. As he has said, they are

“part of our national DNA and will be woven deeply into the decision-making processes of our foreign policy”.

The motion proposes that the UK should adopt a presumption in favour of travel bans and asset freezes for Russian officials allegedly implicated in Mr Magnitsky’s death. It starts with the Magnitsky case but goes beyond it, envisaging the application of that presumption to individuals charged with similar abuses in other countries. We are aware of the developments in other countries to which the motion refers. A Bill has been introduced to the US Congress, and in the Parliaments of the Netherlands and Canada there have been discussions in support of visa bans against officials allegedly implicated in Mr Magnitsky’s death. However, we are not aware that the Netherlands or Canada has taken action further to the discussions in their respective legislatures. I understand that the US Bill is still being discussed in the Senate. We cannot predict whether it will come into force or what form it might take if and when it becomes law. If Congress passes the Bill and the President approves it, we shall certainly look closely to ascertain whether there are lessons on which we might draw.

On travel bans, hon. Members will know that immigration rules enable us to refuse a visa when, for example, information on an individual’s character, conduct or associations makes entry to the UK undesirable. Entering the UK is a privilege, not a right. Equally, asset freezes can be deployed against individuals when those measures would effect meaningful change.

The House will also appreciate—here I must repeat words stated by the Government and previous Governments—that the UK has a long-established and globally consistent practice of not commenting routinely on individual cases. The Government and previous Governments have pursued that policy, and it remains our approach.

In the cases of Mr Magnitsky and others, we want the Russian Government to ensure that justice is done and measures to be put in place to prevent such cases from happening again. More broadly, the Government remain concerned about the rights afforded to ordinary Russian citizens and have been clear that more should be done to address them.

To that end, we have a twin-track approach to human rights in Russia. First, we promote dialogue bilaterally, raising cases at the highest levels. Our annual human rights dialogues with Russian officials give a clear opportunity to voice our concerns and track progress.

Secondly, we support non-governmental organisations that are working on those critical issues. For example, we are working with the Russian NGO, Social Partnership Foundation, to address the problem of deaths in pre-trial detention. This financial year, we have spent £1.25 million on projects supporting human rights and democracy.

Our work on human rights is wide ranging. Priorities include: better support and protection for human rights defenders; supporting increased monitoring and reporting of human rights abuses; and urging the Russian Government to investigate fully the unresolved murders of journalists and human rights defenders. The low success rate in prosecuting those responsible for the crimes perpetuates the perception of impunity.

This week, we were encouraged to hear that President Medvedev has asked for a review of the trial of Mikhail Khodorkovsky. We will follow progress on that with interest.

Political rights are an integral part of the picture. As the Foreign Secretary highlighted this week in his statement on the Russian presidential elections, while the Organisation for Security and Co-operation in Europe and the Office for Democratic Institutions and Human Rights election observation mission gave a positive assessment of voting on election day, it identified problems with counting at some polling stations, unequal campaign conditions and limitations on voter choice. Those issues should not be overlooked. A Russia with greater political freedoms, including the registration of political parties, freedom of assembly and freedom of the media, is in the interests of Russians and the wider world. I take the point of my hon. Friend the Member for Esher and Walton that the motion is about and for the benefit of Russia, not a criticism of Russia.

It is a time of great opportunity for civil society in Russia to help bring about evolutionary change. Civil society has shown its considerable energy in recent months. We will work closely with the Russian authorities and Russian NGOs to encourage developments in a positive direction on human rights in the coming months and years, and we will continue to work at all levels to achieve justice for Sergei Magnitsky.

[Chris Bryant (Rhondda) (Lab)]

I congratulate the hon. Member for Esher and Walton (Mr Raab) on securing the debate. It is important that it is on a motion because the Government must decide what they will do. They must decide whether to support it, and thus take the action that it demands of them.

Several attempts have been made to try to ensure that the debate never came to pass. The Russian ambassador in London attempted to repress a previous debate, which my right hon. Friend the Member for Rotherham (Mr MacShane), a former Minister for Europe, led. I know that the Russian ambassador also tried to ensure that you, Mr Speaker, stopped today’s debate happening. That shows a complete misunderstanding of the political process in this country and the need for democratic and open debate. No ambassador should write to the Speaker of this House to try to prevent a debate. It is perfectly legitimate for us to debate what we choose to debate.

[Mr Denis MacShane (Rotherham) (Lab)]

This is extremely important. I have already had to intervene on this with Mr Speaker after the Russian embassy put on its website a statement attacking me as a parliamentarian for raising the Magnitsky case. Someone has to talk to this Russian ambassador and tell him crudely to butt out of House of Commons business.

[Chris Bryant]

I had already made that point, but I wholeheartedly agree with my right hon. Friend that we will discuss what we want. I very much hope that nothing is put in the way of the all-party group when we go to Russia so that we can meet not only members of the Government, but members of the opposition.

There are two basic problems in Russia at the moment, the first of which is the impunity that attends so much criminality. Hon. Members have referred to Anna Politkovskaya, but many other journalists have been murdered. Had journalists been murdered in this country, everybody around the world would have been howling and demanding justice. Similarly, we are unable to get justice for the murder of Mr Litvinenko, because Russia maintains that no extradition is allowed for any Russian citizen. That prevents justice and means impunity for those in Russia.

The second problem is the regular, systemic state abuse of the criminal justice system in Russia, which has meant that Mikhail Khodorkovsky has been imprisoned on spurious charges—Amnesty International has declared him and Platon Lebedev as prisoners of conscience. It is right that we pursue such issues to try to ensure that there is a proper criminal justice system in Russia, and one that does not depend on torture.

I must confess that the Government’s response tonight is very disappointing. For a start, I did not know that our foreign policy was to wait for the United States of America to make up its mind in its Senate and Congress on what it will do about immigration before we decide what we will do. We should be free to make our own decision, particularly because the one thing many significant Russians in the Putin regime value above all else is the ability to travel to London. London is the place where they like to do their banking and shopping, and where their families like to go for their education, and so on. Ensuring that the people involved in the murder of Sergei Magnitsky and the corruption he unveiled are unable to come to this country is a vital part of ramming home to the Russian Government that we want better relations with them and that we want to do more business with them, but that we can do so only when human rights are respected and corruption weeded out.

[Mr Burley]

The hon. Gentleman makes a powerful case. On exactly that point, is not the other advantage of the motion that it will help to counter the impression that is forming among many British people that we are becoming a safe haven for all sorts of Russian crooks and gangsters?

[Chris Bryant]

That cuts both ways, because another problem with how the Russians use the criminal justice system is that they try to extradite many people from this country whom they claim are criminals. One such person is Mr Zakayev, who was accused of murdering a Russian Orthodox priest. The said Russian Orthodox priest stood up in court and gave evidence that he had not been murdered. In all cases thus far in which extradition from the United Kingdom has been sought, the judge has decided that the case has been proceeded with not on the ground of seeking justice, but on purely political grounds. That is something we must deal with.

I am certain that the Government are not allowing any of those people in. From all the nudge-nudge, wink-winks I have had—[Interruption.] I got a nod from the Minister just now—[Interruption.] No, he is just brushing his nose. It is clear from other Ministers and from those nudges and winks that the Government have no intention of letting any of those people into this country, but it is now time for them to say so openly. That would make a significant difference. Ministers trot out the line that no Government ever talk about whether people are being refused entry to this country, but that is not true.

[Alistair Burt]

Routinely.

[Chris Bryant]

I am not asking the Minister to do it routinely. I am asking him to do it in this specific set of circumstances, because I think it would be profoundly successful in transforming the views of the Russian regime.

The Minister’s speech, in effect, was a speech against the motion. [Interruption.] It certainly was not a speech in favour of the motion, and in this House a Member can only make a speech in favour or against a motion, because, in end, we either allow the motion to pass, which means voting for it, or we vote against it.

[Alistair Burt]

To clarify, the Government are not opposing the motion, as the hon. Gentleman knows.

[Chris Bryant]

I am delighted with that. I think, in that case, the hon. Member for Esher and Walton has secured an important victory. However, it is regularly the case now, in these Back-Bench business debates, that the Government allow the motion to pass because they know they would lose the vote, and then do absolutely nothing about what the House has resolved. That brings the House and the Government into disrepute. I hope, therefore, that if the motion is agreed to—it sounds as though it will be, if the Government are supporting it—the Government will take forward everything laid out in the motion. I hope that they will have a timetable for implementing that by the end of the year.

Everybody in the House wants to do better business with Russia. Every businessman I have known who has done business in Russia has said that the biggest problem is the financial and political corruption, which makes it difficult for them to do clean business, and no business, especially since the Bribery Act 2010 was passed, wants to do dirty business. I say to Mr Putin that now is a unique opportunity for him to show a change of mind and of tack on human rights and political rights, and it is a unique opportunity for this Government to move forward and ensure that the Russians seize that opportunity.

[Several hon. Members]

rose—

--- Later in debate ---

[Mr Edward Leigh (Gainsborough) (Con)]

I am glad that we are having this opportunity to discuss this disturbing case, as it is very important that we do so. The death of Sergei Magnitsky in prison, when guilty of no crime, makes us appreciate living in a society where we enjoy rule of law. That he was ever imprisoned in the first place shows that Russia still has a long way to go if it is fully to leave behind the stark inhumanity of the Soviet period and reach the sunlit uplands of being a well-constituted, constitutional state.

There has been progress, however, although it has been limited. We should welcome the Russian investigative committee’s acknowledgment that Sergei died because of the conduct of the authorities who imprisoned him, and a criminal case has opened against the two doctors involved. It is disturbing, of course, that there have been delays, and it is ridiculous that Mr Magnitsky is now posthumously back on trial.

However, this debate also gives us an opportunity to discuss what is going on in Russia at present. Ever since marrying my half-Russian wife, I have taken a deep interest in Russia. I have no interest to declare, as she is not linked in any way with anyone associated with Putin or the Soviet era. Her family was expelled in 1917, despite donating the Michael palace—or, perhaps, because of that—where my hon. Friend the Member for Mid Bedfordshire (Nadine Dorries) can see the Repin masterpieces.

I have long been interested in Russia, therefore, which is why I was delighted to be asked by the Council of Europe to go there this week as one of its official observers. I think I am the only Member to have been in Russia this week; I have been there for the past five days. I travelled there full of cynicism about what is going on in Russia, and with concerns about Mr Putin’s party, and I should state at the outset that I do not condone in any way the restriction on the number of candidates or the lack of airtime for opposition candidates—they had some airtime, but not in prime time.

On Sunday, I spent 13 hours visiting polling stations in a rather drab suburb of St Petersburg, and I was impressed. Frankly, there is democracy working there. I was out at the polling stations before dawn, seeing the transparent ballot boxes being opened. The count was operated not by party officials, but by local people, mainly teachers. As far as I could see, it was done properly, according to the rules. I talked, through an interpreter, to many observers from all parties, who were present at all times. I saw the votes being counted. Generally, the atmosphere was good, and I saw no intimidating police presence.

I therefore want to rebalance the debate slightly. There has been a lot of Russia-bashing and Putin-bashing so far. I make no defence of the regime, but we must bear in mind that in my own lifetime Russia was a terrifying Stalinist dictatorship where people could be shot for expressing their point of view, so let us at least acknowledge that there has been some progress. Even 22 years ago it was a stultifying one-party state.

[Chris Bryant]

So was Spain, but the changes in that country have been much more dramatic and serious. Did the hon. Gentleman not see the reports of people who work for the Russian state being told that if they did not hand over a postal ballot form for somebody else to vote on their behalf, they would lose their jobs?

[Mr Leigh]

Well, we had accreditation and we were allowed to go and see all the absentee voting rolls. In the polling stations I visited, the absentee voting rolls were only about 10% of the total. Even if 10% of them were fraudulent or represented votes made under pressure from others, that could not significantly have affected the result. I am afraid that, whether we like it or not, in the polling station where I saw the count Putin won clearly. That leads to the question we have to ask ourselves: is Putin the bar to liberal pluralist democracy that my right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind) described in his excellent article earlier this week in The Daily Telegraph, or is there some evidence that the reason why he is quite popular in Russia is that not all Russians want pluralist liberal democracy? I make no defence of that point of view; I just ask that question. In his article, my right hon. and learned Friend said that

“the only opponents permitted to stand in the election were the Communists and an unelectable oligarch”,

but all the parties represented in the Duma were allowed to stand. [Interruption.] The hon. Member for Rhondda (Chris Bryant) laughs; I do not pretend that the election was perfect, but progress is being made. We have to acknowledge that there were other candidates.