Sergei Magnitsky

Malcolm Rifkind Excerpts

Wednesday 7th March 2012 Commons Chamber

[Sir Malcolm Rifkind (Kensington) (Con)]

May I first reassure the right hon. Member for Rotherham (Mr MacShane) that the Russian ambassador knows perfectly well that he will have no influence in the House of Commons? He is anxious that his bosses in Moscow see that he has done everything in his power to make their views known.

I congratulate my hon. Friend the Member for Esher and Walton (Mr Raab) on giving the House the opportunity to consider a matter that has already been debated in many other Parliaments around the world. That is much to his credit. This debate is primarily about the personal tragedy of Sergei Magnitsky and his family. Magnitsky was a man of extraordinary courage and integrity, a symbol of the new Russia, both in his life and, sadly, in his death. He was a representative of the new Russia. The people who murdered him were symbols of the old Russia and, in some ways, the old Soviet Union.

To a significant degree, in some ways I am more disturbed by what happened to Magnitsky than by what used to happen in the old Soviet Union. The Soviet Union made no pretence of being anything other than a totalitarian state. It had no interest in the rule of law as we understand it. Indeed, on this issue, I suspect that it would have reacted quite differently from Mr Putin and Mr Medvedev. The Politburo would not have tolerated the state theft of $230 million from the Treasury by public officials acting in a criminal fashion.

President Medvedev would have us believe that Russia is now a country of the rule of law, but we know very well that in practice that is sadly not the case. Instead of moving towards belief in the rule of law, Russia is moving towards being a society that might very well be tolerating a relationship between the Russian state and organised crime that is deep and serious, and which extends to the highest levels of Russian society. That is a serious accusation to make, but the facts seem to point in that direction.

First, as I indicated, this has been no minor act of theft from private individuals, companies or some local department. The theft involved, by public officials, was from the Russian Treasury of $230 million. Of course, scandals happen in other countries. The test is the reaction of the Government to such situations. Not only has no serious effort been made to identify, try and punish those responsible for the theft, but the opposite has happened: the person who exposed the fraud was himself persecuted, and at the end of the day was murdered. That is a very sad situation. Medvedev and Putin have gone through the motions of punishing some minor officials, but instead of praising Magnitsky for what he did, he has been persecuted.

I do not necessarily suggest that Mr Putin or President Medvedev were personally involved, but there are only two possible explanations for their failure to respond. The first is that they are impotent to do so. That may be true of Medvedev, but I frankly cannot believe that Mr Putin is anything other than able to have responded, if he had so wished, in the most fundamental way, to identify not only the perpetrators of the crimes against Mr Magnitsky, but the theft from the Russian state. The only other explanation has to be that, for reasons of their own, those at the highest levels of the Russian Government are prepared to tolerate criminality of the most serious kind, because there is a sufficient common interest between those who have political power and those who wield power through organised crime to make doing what they did preferable to taking action of the kind that should have been taken.

I do not underestimate the seriousness of what I am saying, but if we could see Magnitsky’s fate as an isolated incident, one might be more charitable about the policy of the current Russian Government. However, as has been said, from the Opposition Front Bench and by others, there are so many cases of flagrant disregard for the rule of law. It is the blatant political interference in the judicial system—which goes way beyond the tragedies of the Magnitsky case—that is important. For some time now, Mr Putin and Mr Medvedev have been alleging that the fate of Khodorkovsky was nothing to do with politics, but entirely to do with his breach of the criminal law. The timing of the decision to review his case could not have been more political, and illustrates that those who were responsible for putting him in prison may now be realising that the reaction that that created throughout the world means it is time to allow him to be released.

The final thing that I would like to say in this short debate is simply this. By approving the motion of my hon. Friend the Member for Esher and Walton, we are not only showing solidarity with all those fighting for the rule of law in Russia, which is just as an important as the creation of a pluralist democracy, but saying to Mr Magnitsky’s family—we cannot say it directly to Mr Magnitsky himself—that we honour his memory and his achievements, and we are doing what we can to help what he tried to achieve.

--- Later in debate ---

[Mr Leigh]

I immediately acknowledge that, and I do not condone the exclusion of any candidate from standing or the lack of prime-time airtime for Opposition candidates. I do not pretend it is a perfect democracy, but the House of Commons has to appreciate that this is still an infinitely freer election than has happened in the past in Russia. At least some progress has been made; let us not knock that.

There has been talk about the case of Mikhail Khordokovsky. I do not defend the tumbling and the show trial of that oligarch, but we have to remember what happened under Mr Yeltsin’s rule. He sold off the family silver to his friends, cronies and supporters, and there was no limit to the power of the oligarchs under him. I do not defend the trial, but Mr Putin was clearly sending a political message to the Russian people that no oligarch is above the rule of law.

[Sir Malcolm Rifkind]

My hon. Friend might make that argument regarding the first conviction, but what message was Mr Putin sending by bringing Mr Khordokovsky to trial a second time, after he had served his sentence, and having him sentenced to many more years in prison?

[Mr Leigh]

Straight away, I make no defence of that, but we have to appreciate the internal politics going on in Russia. That is all I am trying to do. I do not think we should indulge ourselves, pleasant as it may be, in Putin phobia, which is sometimes nourished in our own commentariat. There are double standards and the democracy is not perfect, but unfortunately many of the Russians to whom I and others have spoken conclude that the west would rather see a Russia that is poor, weak and unstable as long as it subscribes to our notions of liberal democracy—and it is not for us to lecture them—instead of a Russia that is rich, influential and stable. That is primarily what they want. They might not share all our views about liberal democracy, but ordinary Russians whom one can talk to in the street are primarily interested in their pensions and their quality of life, which has improved immeasurably in the past 10 years. I therefore support the moderate tone that the Minister has taken today. We have to have an environment of respect for the Russian Government and we have to encourage dialogue with them rather than continually giving them lectures that, I am afraid, have absolutely no resonance with the Russian people. It is true that Russia is changing too slowly, but at least President Medvedev has attempted to reform the police service and get rid of the Soviet “people’s militia” system, so some progress is being made.

The death of Sergei Magnitsky leaves one cold and those guilty of it are thoroughly contemptible. Of course we condemn what is going on, but I think our Government are taking a measured and sensible approach in seeking to prevent any of those people from coming to this country and in not seeking to predetermine the outcome of trials that are taking place in Russia. My hon. Friend the Minister’s attitude in seeking to preserve good relations with an essential trading partner is a balanced and right approach, which I support.