Sergei Magnitsky

Dominic Raab Excerpts

Wednesday 7th March 2012 Commons Chamber

[Mr Dominic Raab (Esher and Walton) (Con)]

I beg to move,

That this House notes the passage of the Sergei Magnitsky Rule of Law Accountability Bill through the United States Senate, the Bill to condemn corruption and impunity in Russia in the case and death of Sergei Magnitsky in the House of Commons in Canada, the approval of the resolution of the Dutch Parliament concerning Sergei Magnitsky dated 29 June 2011, and paragraphs I and 20 to 21 of the resolution of the European Parliament of 14 December 2011 on the EU-Russia Summit; and calls on the Government to bring forward equivalent legislative proposals providing for a presumption in favour of asset freezes and travel bans for officials of the Russian state and other countries, wherever the appropriate UK authorities have collected or received evidence that establishes that such officials:

(a) were involved in the detention, physical abuse or death of Sergei Magnitsky;

(b) participated in efforts to conceal the legal liability for the detention, abuse or death of Sergei Magnitsky;

(c) committed the frauds discovered by Sergei Magnitsky; or

(d) are responsible for extrajudicial killings, torture or other gross violations of human rights committed in Russia or any other country against any individual seeking to obtain, exercise, defend or promote basic and internationally recognised human rights, including those set out in the International Covenant on Civil and Political Rights 1966.

I first thank the Backbench Business Committee, chaired by the hon. Member for North East Derbyshire (Natascha Engel), for granting the debate, and the sponsors of the motion representing all three main parties, who include five former Foreign Ministers. I also commend the hon. Member for Rhondda (Chris Bryant), who has consistently raised the matter.

The debate was inspired by the brutal death of Sergei Magnitsky, a young Russian lawyer. Between 2007 and 2008, while working for Hermitage Capital, he exposed the biggest tax fraud in Russian history, worth $230 million. His legal team was then subjected to varying forms of intimidation. While other lawyers left Russia, fearing for their lives, Magnitsky stayed on to make a stand for the rule of law in Russia and strike a blow against the breathtaking corruption there. That bravery cost him his life.

Magnitsky was arrested in 2008 on trumped-up charges of tax evasion. In Putin’s Kafkaesque Russian justice system, the very tax investigators that Magnitsky had exposed turned up to arrest him. He was dumped in a filthy, freezing and overcrowded cell for eight months and fed putrid meals such as porridge with insect larvae and rotten fish, if and when he was fed at all. In such squalid conditions, he suffered acutely painful bladder and pancreatic problems. Eventually, a year after his arrest, he was transferred to hospital for emergency surgery, but when he arrived he was not treated at all. Instead, he was handcuffed to a bed and beaten by riot police. Doctors found him an hour later, lying on the floor. He was dead.

The Russian authorities blocked all attempts to bring those responsible to justice. Sixty people have been implicated in the persecution of Sergei Magnitsky, his client or in the original tax fraud, and they have been named by the US Commission on Security and Co-operation in Europe. They include senior officials such as the former deputy Interior Minister and the deputy prosecutor-general. The Moscow Public Oversight Commission, a watchdog mandated under Russian law, concluded that Magnitsky was tortured to death, but all the suspects were cleared by Russian investigators, some have been promoted and some decorated. In fact, the only people on trial are Magnitsky’s employer and Magnitsky himself, who is now the subject of Russia’s first ever posthumous prosecution.

Sergei Magnitsky joins that noble Russian tradition of dissidents who stood up for the rule of law, democratic reform and free speech—the tradition of Solzhenitsyn and Sakharov through to Anna Politkovskaya—but like many others who have been silenced for defending just causes throughout the world, Magnitsky stood for more than just Russia. Such people include Chinese human rights lawyer, Gao Zhisheng, tortured for defending property rights and free speech and currently held incommunicado at an unknown location; photographer Zahra Kazemi, arrested for taking pictures of the families of missing protesters in Iran, who gathered outside Tehran’s notorious Evin prison—she was jailed, tortured and beaten to death; and Hamza al-Khateeb, who was arrested during the Syrian protests last year. A month later his mutilated body was returned to his family. He was just 13 years old.

This motion is about keeping the flame of freedom alive for those brave souls. It calls on the Government to produce legislative proposals similar to the Bill going through the United States Senate with bipartisan support. It targets Sergei Magnitsky’s tormentors, who left a documentary trail of their crimes, but it would apply wherever there was evidence that a state official anywhere was responsible for torture, extrajudicial killing or some other gross human rights abuse, or was complicit in covering up such activities.

The evidence would need to be independently assessed by the Director of Public Prosecutions, by the Attorney-General or by some other appropriate authority. The designated person would be named and shamed, a stain on any regime that left him or her in post and a spur for reformers at home; they would be banned from entering Britain; and their assets here would be frozen. Of course there would have to be due process to allow anyone to challenge their designation, and the Government could make exemptions on the grounds of national interest, but the Secretary of State would have to publicly justify exempting anyone—a safeguard against misuse.

We would in effect be creating a presumption that targeted sanctions be imposed on those responsible for the worst international crimes against those who defend the freedoms we take for granted in this House and in this country. We would be sending a clear message that those responsible for such atrocities should not be able to fly into Britain, buy up property in Knightsbridge or head off down the King’s road for a bit of light Christmas shopping, as if nothing had ever happened.

This motion is not anti-Russia. It is pro-Russia. It is an unequivocal affirmation of our solidarity with those Russians who are suffering for having had the temerity to question the mafia-ridden practices of Putin’s nasty regime.

[Malcolm Bruce (Gordon) (LD)]

The hon. Gentleman is making a very powerful case. Does he accept that one of the problems in Russia is that although those in positions of leadership can perpetrate crimes against individuals by using the full undercover agencies of the state with absolute impunity, the one thing they most value and would not want to lose is the freedom to travel and to use their money, often stolen from the Russian people, in a life of luxury outside Russia?

[Mr Raab]

I thank the right hon. Gentleman for that explanation of and rationale for what we are trying to achieve. It is precisely that. We are not seeking to exercise extraterritorial jurisdiction by depriving anyone of their freedom; we are merely saying, “You cannot come into this country if you have that kind of blood on your hands.” So the motion is not anti-Russia, but pro-Russia.

[Mr Aidan Burley (Cannock Chase) (Con)]

Will my hon. Friend give way?

[Mr Raab]

I will not, because time is limited and many others want to speak.

The motion is an expression of solidarity not only with freedom fighters around the world, but with legislators in the United States, in Canada, in the Netherlands, in Sweden, and now in Italy, who are also scrutinising legislation or calling for Government action to hold to account those responsible for these terrible crimes.

Let me be clear about this. If we enacted this law, it would not end impunity overnight in Russia or anywhere else in the world, for that matter, but it would help to puncture it. It would express Britain’s disgust and our resolve not to turn a blind eye to such heinous crimes, and it would honour those such as Sergei Magnitsky, who died struggling to keep the flickering light of freedom in his country alive.

--- Later in debate ---

[Mr Raab]

I rise for a second time to wind up this timely debate, in which we have heard 12 powerful speeches from right hon. and hon. Members both sides of the House. The shadow Europe Minister, the hon. Member for Wolverhampton North East (Emma Reynolds), raised the wider human rights situation in Russia. The hon. Member for Rhondda (Chris Bryant) spoke of the state abuse of the Russian justice system. My right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind) talked powerfully about the deep link between the Russian Government at the highest levels and organised crime. The right hon. Member for Rotherham (Mr MacShane) called for sharper diplomatic tools to address the situation and create some accountability. My hon. Friend the Member for Mid Bedfordshire (Nadine Dorries) talked about the damage corruption is doing to Russia itself. We heard other powerful and eloquent speeches, for example from the hon. Member for Strangford (Jim Shannon), my hon. Friend the Member for Gainsborough (Mr Leigh), who talked about his recent experience of monitoring elections, the hon. Member for Cheltenham (Martin Horwood), and my hon. Friends the Members for South Swindon (Mr Buckland) and for Worthing West (Sir Peter Bottomley).

I thank the Minister for his welcome update on the Sergei Magnitsky case and what the British Government are doing about it. I am delighted that they share the instincts that underpin the motion and are shared by so many of its sponsors. I understand that it might be tempting to wait and see what happens with the US Bill as it goes through the Senate, but I hope that the debate might spur the Government to take a lead. I hope that the Minister will heed the will of the House and consider the legislative proposals that have been talked about in the context of the forthcoming Queen’s Speech, so that we can take a stand against the henchmen of tyrants and despots and deny them the privilege of setting foot on British soil or buying up British property, as we would a terrorist or gangster. I commend the motion to the House.

Question put and agreed to.

Resolved,

That this House notes the passage of the Sergei Magnitsky Rule of Law Accountability Bill through the United States Senate, the Bill to condemn corruption and impunity in Russia in the case and death of Sergei Magnitsky in the House of Commons in Canada, the approval of the resolution of the Dutch Parliament concerning Sergei Magnitsky dated 29 June 2011, and paragraphs I and 20 to 21 of the resolution of the European Parliament of 14 December 2011 on the EU-Russia Summit; and calls on the Government to bring forward equivalent legislative proposals providing for a presumption in favour of asset freezes and travel bans for officials of the Russian state and other countries, wherever the appropriate UK authorities have collected or received evidence that establishes that such officials:

(a) were involved in the detention, physical abuse or death of Sergei Magnitsky;

(b) participated in efforts to conceal the legal liability for the detention, abuse or death of Sergei Magnitsky;

(c) committed the frauds discovered by Sergei Magnitsky; or

(d) are responsible for extrajudicial killings, torture or other gross violations of human rights committed in Russia or any other country against any individual seeking to obtain, exercise, defend or promote basic and internationally recognised human rights, including those set out in the International Covenant on Civil and Political Rights 1966.

[Sir Peter Bottomley (Worthing West) (Con)]

On a point of order, Mr Speaker. During the debate you kindly answered a question about a communication from the Russian ambassador. If you feel that it would be suitable to invite the ambassador to a reception, many of us would like to come and listen to what he has to say about the matter we have just discussed.