[Congressional Record Volume 157, Number 56 (Friday, April 15, 2011)]
[Extensions of Remarks]
[Pages E740-E741]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    JUSTICE FOR SERGEI MAGNITSKY ACT

                                 ______
                                 

                         HON. JAMES P. McGOVERN

                            of massachusetts

                    in the house of representatives

                         Friday, April 15, 2011

  Mr. McGOVERN. Mr. Speaker, on November 16, 2009--almost a year and a 
half ago now--Sergei Magnitsky died in a Russian detention center. 
While deaths in detention centers do occur all over the world, and the 
United States is no exception, what sets Mr. Magnitsky's case apart 
from many of the others are two remarkable facts.
  The first remarkable fact is that Mr. Magnitsky was imprisoned not 
because he had committed a crime, but because he reported one--he just 
reported it to the wrong people, the very Russian government officials 
who had orchestrated a massive tax fraud scheme, and continued to 
report them increasingly louder the more he was threatened by Russian 
officials to keep quiet.
  The second remarkable fact is that with all the necessary medical 
intervention, his death most likely could have been prevented--but this 
medical intervention was purposely withheld as punishment. These two 
facts make Sergei Magnistsky an emblematic victim of much larger human 
rights problems in the Russian Federation, the utter corruption and the 
complete lack of the rule of law in that country. This is what makes 
the Justice for Sergei Magnitsky Act not just an urgent intervention 
and attempt to establish accountability

[[Page E741]]

in an individual case, but it makes this Act a true Russian Human 
Rights Act. And I could not be prouder to name the act after this great 
man, Sergei Magnistsky.
  After becoming aware of a massive financial crime, Mr. Magnitsky 
testified before the official authorities about the largest tax fraud 
scheme in Russian history. He demonstrated how 230 million dollars were 
stolen from the Russian Treasury and he implicated a number of public 
officials who allegedly participated in this scheme. What would be a 
welcomed treasure of information to any tax fraud investigator in most 
countries around the world, not so in Russia, where other rules apply. 
Flying in the face of international legal standards and practices, it 
was Mr. Magnitsky who found himself arrested and charged with the 
crimes he helped expose. He was kept in pre-trial detention for almost 
one year, as the prosecutor's office appeared to have trouble finding 
any evidence to support their case.
  Even more troubling questions relate to Mr. Magnitsky's death. Why 
did he die, what happened to him? Was he sick? And even then, was he so 
terribly sick that physicians could not have saved his life? In the 
absence of a formal and independent investigation into his death, the 
exact circumstances leading to his death remain shrouded under a veil 
of government secrecy. What we do know is that when Mr. Magnitsky was 
sent to prison, he was in general good health and showed no signs of 
medical problems.
  We also know that Mr. Magnitsky--who diligently kept a record of his 
treatment in prison--was denied urgent medical care when he requested 
it from his captors, who were aware of his medical needs and 
deteriorating health.
  Many of those unanswered questions deserve an answer--Mr. Magnistky's 
family deserves an answer, as do the Russian people. Many of my 
colleagues and friends in Congress, on both sides of the aisle, and in 
both chambers, would like to see these questions answered. European 
Members of Parliament would like to see these questions answered. 
Russian human rights defenders would like to see these questions 
answered.
  Up until now, no serious investigation into these matters has been 
undertaken, and most worrisome, no one has been held accountable. Not 
for the fraud, not for the abuse, not for the death.
  Mr. Speaker, Sergei Magnitksy was a remarkable person, although he 
would certainly have disputed this claim. He was a husband, and a 
father of two children; he was a hardworking attorney; he was trying to 
provide for his family, a friendly and caring man, like many ordinary 
citizens in Russia.
  What was special about Sergei was that in the face of threats, he had 
the courage to stand up for what is right. Sergei Magnitsky was 
special, because he was undeterred in the face of an enormous state 
apparatus that only served the interests of those people whom he had 
implicated. Consequently, the state arrested him and detained him for 
almost one year without bringing any charges. The prosecutor used his 
imprisonment to soften him up; to make him change or retract his 
testimony--and when he refused, he paid the ultimate price.
  For his contributions to the fight against corruption in Russia, Mr. 
Magnitsky posthumously received the Transparency International 
Integrity reward 2009-2010. I quote the chair of the awards committee 
who said ``He [Mr. Magnitsky] believed in the rule of law and 
integrity, and died for his belief. Sergei, his heroic fight, and the 
ideals he stood for must never be forgotten.''
  Mr. Speaker, all too often have the deaths of critics or 
whistleblowers of the Russian regime been swept under the carpet in 
Russia--Anna Politkovskaya and Natalia Estemirova are just two such 
famous examples of brave Russians who have died in search of truth. 
Now, Sergei Magnitsky's name will be added to this illustrious list of 
brave individuals.
  Mr. Speaker, Russia has ratified numerous international human rights 
treaties. These include the International Covenant on Civil and 
Political Rights, the Convention against Torture and the International 
Covenant on Economic, Social and Cultural Rights. The Russian 
Federation is also a contracting party to the European Convention on 
Human Rights and has subjected itself to the jurisdiction of the 
European Court on Human Rights, where it is all too frequently a 
defendant.
  These internationally incurred obligations are binding. When Russia 
signed those treaties it made a public pledge--with the world as its 
witness--to uphold the inalienable rights enshrined in those very 
documents. But Russia not only signed a contract with the global 
community; but first and foremost, Russia signed a contract with its 
own people, these international commitments are a public expression of 
the Federation's desire to protect the individual rights of the Russian 
people.
  If we do not want these human rights treaties to become hollow 
documents, if we want to maintain an international legal order in which 
these documents have any meaning at all, we need to speak up and demand 
that they be observed. What is the use of these treaties, when states 
can choose to ignore them at will; when they get in the way; when they 
find them inconvenient? Are we to allow that the signing of human 
rights treaties becomes a purely cosmetic action? No. I do not think 
so. I will not stand for that.
  But Mr. Speaker, let me be clear. It is not only the formality of 
observing the treaty that matters. My primary concern is with the 
content of these documents, for what they represent. They say no to 
torture and abuse. They say no to arbitrary detention. They say no to 
murder, either actively or through utter medical neglect. They demand 
that people are protected from the abuse of the state. They promise 
that people are treated with dignity.
  We need to be candid and frank with our friends and allies. We need 
to be able to look each other in the eyes and tell the truth. We need 
to question one another, and call each other out. That is what you do 
when you are a member of a larger society. For when we fail to do so, 
we have truly lost touch; we resign to our faith and show we care no 
longer. Russia, as a most important member of the family of nations, 
can do better and should do better than that.
  I am not alone in this criticism. Senator Cardin has voiced his 
concern about Sergei's abuse and death. And most recently during a 
visit to Moscow on March 10, 2011, Vice President Biden also criticized 
Russia: `a country in which--a company which can be seized, or an owner 
imprisoned on a politician's whim; in which a lawyer like Sergei 
Magnitsky [. . .] can be arrested after accusing the police of fraud 
and then die in detention before being tried'. He went on to say ``We 
will continue to object when we think human rights are violated or 
democracy and the rule of law are undermined.''
  I could not agree more with this statement, Mr. Speaker. And it is to 
reinforce this message, a message that asks Russia to stop these human 
rights abuses, to reform their justice system, to address their prison 
conditions, and to root out corruption and the abuse of power, that I 
have introduced legislation. I am deeply grateful to Mr. Alcee 
Hastings, Frank Wolf, Joseph Pitts, Sue Myrick, Steve Cohen and Chris 
Smith, for their strong support and input.
  The bill I introduced today imposes travel bans and financial 
sanctions on those involved in the fraud scheme and Mr. Magnitsky's 
abuse and death in prison. The bill further will fully restore if 
possible what is rightfully the property of the Russian people. By 
targeting the Russian Treasury, this fraud was committed against all 
Russian people; they are the true owners of the stolen 5.4 billion 
rubles.

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