[Congressional Record Volume 165, Number 186 (Wednesday, November 20, 2019)]
[Senate]
[Pages S6702-S6703]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                      Remembering Sergei Magnitsky

  Mr. CARDIN. Madam President, November 16 was the 10th anniversary of 
the tragic death of Sergei Magnitsky.

[[Page S6703]]

  Sergei Magnitsky was a Moscow-based lawyer who represented an 
investment company, known as Hermitage Capital, whose American-born 
founder was Bill Browder. In the course of Mr. Magnitsky's 
representation of his client, he discovered a major tax fraud issue--
$230 million of taxpayer moneys being funneled through shell companies 
with business ties to President Putin. Mr. Magnitsky did what any good 
lawyer would do in discovering corruption and reported it to the local 
authorities. As a result, he was arrested and tortured. Ultimately, he 
died in prison. He was in prison for nearly a year without having a 
trial.
  Unfortunately, this is not a unique circumstance in Russia, but we in 
the global community decided that we could not let this injustice go 
without taking action. Those responsible needed to be held accountable. 
Yet, in Russia, those responsible for this tragedy were promoted and 
received awards.
  So there needs to be accountability for those who violate basic human 
rights and their government will not take action.
  I first learned of the Magnitsky tragedy in my role as a member of 
the Helsinki Commission. I was the chair and ranking Democrat on the 
Helsinki Commission. The Helsinki Commission is the way we enforced the 
Helsinki Final Act that was passed in 1975, and it adheres to basic 
principles of human rights. It gives every member-signator of the 
Helsinki Final Accords the right to challenge what is happening in 
other states. Russia is a signator to the Helsinki Final Act. The 
United States is a signator, and we raised the Magnitsky issue.
  Then, working with the late Senator John McCain, I authored 
legislation known as the Sergei Magnitsky Rule of Law Accountability 
Act. It was enacted into law in 2012, and what it does is it says that 
those who were participating in gross human rights violations in 
Russia--related to what happened to Sergei Magnitsky--that those who 
were responsible would not be allowed to visit the United States by 
being granted visas or to use our banking system. Why was that so 
important? Because these corrupt officials like to have their assets in 
dollars, not rubles, and they like to visit the United States, and they 
like their families to visit the United States.
  What is unique about the Magnitsky Rule of Law Accountability Act is 
that Congress can initiate the executive branch taking up particular 
names.
  It is interesting--I have heard from many Russians who fully support 
what we are doing. We are giving them an opportunity for their voices 
to be heard.
  Mr. Putin lobbied against its passage, but it passed Congress by an 
overwhelming vote. To date, 54 individuals have been sanctioned under 
the Sergei Magnitsky Rule of Law Accountability Act of 2012, and it has 
been very effective. We have been told through press accounts that in 
the summit meeting between Mr. Putin and President Trump, it was one of 
the first subjects that Mr. Putin raised in regard to the Magnitsky 
sanctions. And I must tell you, it provided U.S. leadership a way to 
stand up and hold human rights abusers and corrupt individuals 
accountable for their crimes. As a result of our action, other 
countries acted--Canada acted; European countries acted--and we were 
able to get much more effective use of this sanction against human 
rights violators.
  The Magnitsky legacy is not limited to Russia. Unfortunately, there 
are powerful, corrupt, and dangerous human rights violators globally, 
where countries do not hold these violators accountable for their 
actions. So once again partnering with the late Senator John McCain, I 
authored the Global Magnitsky Human Rights Accountability Act, which 
was enacted in 2016, and we have used that act. We used it in Saudi 
Arabia to deal with the tragic death of Jamal Khashoggi. Over 100 
individuals have been sanctioned under Global Magnitsky, including 
those in the DRC, Nicaragua, and Burma as result a result of the 
Rohingya tragedies. Once again, U.S. leadership was there. As a result 
of our action, we saw action in Canada, and we saw action in the 
European Union.
  As we commemorate the 10th anniversary of Sergei Magnitsky's tragic 
death, let us recognize that Sergei's life and legacy have led to two 
of the most significant human rights accountability laws that exist 
today. Because of Sergei Magnitsky, the United States and many of our 
allies now have the tools available to hold human rights abusers 
accountable and to deter would-be perpetrators from committing such 
crimes in the first place.
  I urge my colleagues to continue to honor Sergei Magnitsky through 
our actions. Let us stand by our values and continue to ensure the 
protection and defense of human rights around the world.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.