Sergei Magnitsky

Jo Swinson 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.

--- Later in debate ---

[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.