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A SENATOR: MADAM PRESIDENT, I
ASK CONSENT ASK UNANIMOUS
CONSENT THAT THE QUORUM CALL BE
ENDED.
OFFICER WITHOUT OBJECTION.
A SENATOR: AND I ASK TO SPEAK
AS IF IN MORNING BUSINESS.
WITHOUT
OBJECTION.
THANK YOU.
MADAM PRESIDENT, I'VE COME TO
THE FLOOR ON A NUMBER OF
OCCASIONS TO VOICE MY CONCERN
ABOUT THE DETERIORATING RULE OF
LAW AND THE LACK OF RESPECT FOR
HUMAN RIGHTS IN RUSSIA.
PRIMARILY HIGHLIGHTING THE CASES
OF MIKHAIL CHORD COUGH SKI.
THE FACT THAT CHORD COUGH SKI
REMAINS IN JAIL IS DEPLORABLE
BUT I RISE TO SPEAK ABOUT
ANOTHER CASE IN WHICH A MAN WHO
OPPOSED THE GOVERNMENT NOT ONLY
WENT TO JAIL BUT DIED THERE.
I CHOOSE MY WORDS CAREFULLY THIS
AFTERNOON, MADAM PRESIDENT,
KNOWING THAT THEY WILL BE
DISTURBING TO MANY AND THAT A
NUMBER OF PEOPLE WITHIN THE
RUSSIAN GOVERNMENT WILL TAKE
GREAT OFFENSE.
BUT I WANT EVERYONE WITHIN THE
SOUND OF MY VOICE TO KNOW THAT I
AM CHOOSING MY WORDS CAREFULLY.
SERGEI MAGNITSKI WAS AN AMERICAN
WITH A LAW FIRM IN MOSCOW.
CHILDREN.
HE WAS MARRIED WITH TWO
HIS CLIENTS INCLUDED THE
HERMITAGE FUND, WHICH IS THE
LARGEST FOREIGN PORTFOLIO
INVESTOR IN RUSSIA.
THROUGH SERGEI MAGNINSKI'S
INVEST WORK -- INVEST GAVE WORK
OF HERMITAGE, IT WAS
DISCOVERED THAT RUSSIAN TAX
OFFICIALS AND ORGANIZED
CRIMINALS WORKED TOGETHER TO
STEAL $230 MILLION IN PUBLIC
FUNDS.
ORCHESTRATINGTHE LARGEST TAX
REBATE FRAUD IN RUSSIAN HISTORY.
AS MAGNITSKY WOULD COME TO FIND
OUT, THIS GROUP HAD
FRAUDULENTLY REREGISTERED THREE
INVESTMENT COMPANIES OF THE
HERMITAGE FUND AND EMBEZZLED
FROM THE RUSSIAN TREASURY ALL OF
THE PROFITS, TAXES THAT THE
COMPANY -- THESE COMPANIES HAD
PAID AND DID SO UNDER THE GUISE
OF A TAX REFUND.
IN OCTOBER OF 2008, MAGNITSKY
VOLUNTARILY GAVE A SWORN
TESTIMONY AGAINST OFFICIALS FROM
THE INTERIOR MINISTRY AGAINST
RUSSIAN TAX DEPARTMENTS AND THE
WHOM HE FOUND
HAD PERPETRATED THE FRAUD.
A MONTH LATER, INTERIOR
MINISTRY OFFICERS CAME TO HIS
MOSCOW APARTMENT, ARRESTED HIM
IN FRONT OF HIS WIFE AND TWO
CHILDREN, AND THREW HIM IN
PRETRIAL DETENTION.
AT THE SAME TIME THE RUSSIAN
FEDERAL SECURITY SERVICE CLAIMED
THERE WAS EVIDENCE THAT
MAGNITSKI HAD APPLIED FOR A U.K.
RISK.
VISA AND WAS CONSIDERED A FLIGHT
THE RUSSIAN COURTS USED THIS TO
PROLONG THE TERM OF HIS
DETEMTION WITHOUT A TRIAL --
DETENTION WITHOUT A TRIAL TO 12
MONTHS.
I SHOULD NOTE THAT THE BRITISH
EMBASSY IN MOSCOW HAS CONFIRMED
THAT MR. MAGNITSKY HAD NOT
APPLIED FOR A U.K. VISA SINCE
THE YEAR 2002.
AND SO THE PRETRIAL DETENTION
A FABRICATION.
ONCE IN CUSTODY, MAGNITSKY WAS
PRESSURED AND TORTURED BY
OFFICIALS HOPING WE WITHDRAW HIS
TESTIMONY AND ASKING HIM TO
FALSELY INCRIMINATE HIMSELF AND
HIS CLIEND.
THEY PLACED MR. MAGNITSKY IN AN
OVERCROWDED CELL WITH NO WINDOW
PANE PAYNE PANES AND KEPT LIGHTS
ON TO DEPRIVE HIM OF SLEEP.
EACH TIME HE REFUSED TO
TESTIFY, HIS CONDITIONS
WORSENED AS DID HIS HEALTH.
HE LOST 40 POUNDS AND DEVELOPED
SEVERE CREE ATIGHT IS AND
GALLSTONES.
ONE WEEK BEFORE A PLANNED
OPERATION BY DETENTION CENTER
DOCTORS, HE WAS TRANSFERRED TO
A MAXIMUM SECURITY DETENTION
CENTER WITH NO MEDICAL
FACILITIES.
THE NEXT FOUR MONTHS OF
HIS LIFE WITHOUT ANY MEDICAL
CARE, ALL OF HIS REQUESTS FOR
MEDICAL EXAMINATION AND SURGERY
WERE DENIED BY THE RUSSIAN
GOVERNMENT OFFICIALS.
THE INTERIOR MINISTRY OFFICIALS
MANAGING MAGNITSKY'S DETENTION
REFUSED FAMILY VISITS AS,
QUOTE, AN EXPEDIENT TO THE
INVESTIGATION, UNQUOTE.
FROM THE TIME OF HIS ARREST
MAGNITSKY SAW HIS WIFE ONLY
ONCE.
HE NEVER SAW HIS CHILDREN AGAIN
AFTER HIS ARREST.
DURING HIS 358 DAYS IN
DETENTION, MR. MAGNITSKY WROTE
MORE THAN 450 PETITIONS
REQUESTING MEDICAL ATTENTION AND
CHALLENGING HIS CRUEL TREATMENT
AND THE DENIAL OF LEGAL REMEDIES
AND PROTESTING HIS BEING TAKEN
HOSTAGE BY THE VERY INTERIOR
MINISTRY OFFICIALS HE HAD
TESTIFIED AGAINST.
EVERY PETITION FILED WAS EITHER
IGNORED OR REJECTED BY RUSSIAN
AUTHORITIES.
ON NOVEMBER 13, 2009, SERGEI
MAGNITSK'S CONDITION WORSENED
DRAMATICALLY.
DOCTORS SAW HIM ON DECEMBER 16
WHEN HE WAS TRANSFERRED TO A
MOSCOW DETENTION CENTER THAT HAD
MEDICAL FACILITIES.
INSTEAD OF BEING DELIVERED 0 THE
DETENTION CENTER HOSPITAL AND
ACTUALLY TREATED IMMEDIATELY,
HE WAS PLACED IN AN ISOLATION
CELL, REPORTEDLY HANDCUFFED,
BEATEN, AND HE DIED IN THAT
CELL.
ON THE DAY FOLLOWING
MR. MAGNITSKY'S DEATH,
DETENTION CENTER OFFICIALS
INFORMED OFFICIALS HE HAD DIED
FROM A RUPTURE OF HIS ABDOMINAL
MEMBRANE AND TOXIC SHOCK.
THAT
THAT SAME DAY, ALTHOUGH
DETENTION CENTER FACILITIES HAD
SAID ABDOMINAL MEMBRANE AND
TOXIC SHOCK, THE OFFICIAL CAUSE
OF HIS DEATH WAS CHANGED TO
HEART FAILURE.
INDEED.
TWO REQUESTS BY HIS FAMILY FOR
AN INDEPENDENT AUTOPSY WERE
REJECTED BY RUSSIAN AUTHORITIES.
A WEEK AFTER MR. MAGNITSKY'S
DEATH, SENIOR RUSSIAN INTERIOR
OFFICIALS PUBLICLY CRAIMED THAT
MAGNITSKY WAS NOT -- CLAIMED
THAT MAGNITSKY WAS NOT SICK AT
ALL IN DETENTION.
SEVEN MONTHS AFTER HIS DEATH,
INTERIOR MINISTRY OFFICIALS
CLAIMED THAT THEY WERE NOT AWARE
OF MAGNITSKY'S COMPLAINTS AND
REQUESTS FOR MEDICAL ASSISTANCE.
TEN MONTHS AFTER HIS DEATH, THE
RUSSIAN STATE INVESTIGATIVE
COMMITTEE CLAIMED THAT MAGNITSKY
WAS NOT PRESSURED AND TORTURED
BUT DIED NATURALLY OF HEART
DISEASE.
HIS DEATH, THE COMMITTEE
CLAIMED, WAS -- QUOTE --
"NOBODY'S FAULT."
UNQUOTE.
NEARLY TWO YEARS AFTER
MAGNITSKY'S DEATH, NOT A SINGLE
PERSON HAS BEEN PROSECUTED FOR
HIS FALSE ARREST, FOR HIS
TORTURE, FOR HIS *** IN
CUSTODY OR FOR THE $230 MILLION
THEFT HE EXPOSED.
NOW, SOME MAY QUESTION THE FACTS
THAT I HAVE OUTLINED TODAY.
ARE THEY IN DISPUTE?
I WOULD POINT OUT THAT ON
NOVEMBER 23, 2009, ONE WEEK
AFTER MR. MAGNITSKY'S DEATH, THE
CHAIR OF PRESIDENT MEDVEDEV'S
HUMAN RIGHTS COUNCIL PUBLICLY
RAISED MAGNITSKY'S DEATH WITH
PRESIDENT MEDVEDEV.
THE NEXT DAY, THE GENERAL
PROSECUTOR AND THE JUSTICE
MINISTER OF RUSSIA WERE ORDERED
TO INVESTIGATE THE DEATH.
THE INVESTIGATION WAS LIMITED
AND DID NOT RESULT IN ANY
CRIMINAL PROSECUTIONS.
HOWEVER, ON DECEMBER 28, 2009,
THE MOSCOW PUBLIC OVERSIGHT
COMMISSION, AN INDEPENDENT
WATCHDOG, MANDATED UNDER RUSSIAN
LAW TO MONITOR HUMAN RIGHTS
ABUSES IN MOSCOW PRISONS AND
DETENTION CENTERS ISSUED ITS
CONCLUSIONS ON THE MAGNITSKY
CASE.
THE REPORT STATED THAT IN
DETENTION, MAGNITSKY HAD BEEN
SUBJECTED TO TORTUROUS
CONDITIONS, PHYSICAL AND
PSYCHOLOGICAL PRESSURE AND WAS
DENIED MEDICAL CARE.
MOREOVER, THE MEMBERS OF THIS
COURAGEOUS COMMISSION CONCLUDED
THAT HIS RIGHT TO LIFE HAD BEEN
VIOLATED BY THE RUSSIAN STATE,
BY THE RUSSIAN STATE.
THESE CONCLUSIONS WERE SENT TO
THE RUSSIAN GENERAL PROSECUTOR'S
OFFICE, THE RUSSIAN STATE
INVESTIGATIVE COMMITTEE, THE
RUSSIAN MINISTRY OF JUSTICE, THE
PRESIDENTIAL ADMINISTRATION AND
SERVICE.
THE FEDERAL PENITENTIARY
NONE OF THE GOVERNMENT AGENCIES
RESPONDED TO ANY OF THE REPORT'S
CONCLUSIONS.
THEN ON JULY 5, 2011, THIS YEAR,
MR. PRESIDENT, THE RUSSIAN
PRESIDENT'S HUMAN RIGHTS COUNCIL
ISSUED ITS INDEPENDENT EXPERT
FINDINGS ON THE MAGNITSKY CASE.
THE REPORT FOUND THE
FOLLOWING -- THAT MR. MAGNITSKY
WAS ARRESTED ON TRUMPED UP
CHARGES, IN BREACH OF RUSSIAN
LAW AND THE EUROPEAN HUMAN
RIGHTS CONVENTION.
THAT HIS PROSECUTION WAS
UNLAWFUL, THAT HE WAS
SYSTEMATICALLY DENIED MEDICAL
CARE, THAT HE WAS BEATEN IN
CUSTODY, WHICH WAS THE PROXIMATE
CAUSE OF HIS DEATH, THAT HIS
FALSIFIED
AND THAT THERE IS AN ONGOING
COVER-UP AND RESISTANCE BY ALL
GOVERNMENT BODIES TO INVESTIGATE
THANK HEAVEN FOR THE INTREPID
MEMBERS OF THE RUSSIAN
COUNCIL.
PRESIDENT'S HUMAN RIGHTS
WHILE LITTLE HAS BEEN DONE
INSIDE RUSSIA REGARDING THIS
CASE, ACTION HAS BEEN TAKEN HERE
IN THE UNITED STATES.
IN MAY, 2011, I JOINED SENATOR
BEN CARDIN IN INTRODUCING THE
SUR GAY -- THE SERGEI MAGNITSKY
RULE OF LAW ACCOUNTABILITY ACT.
IT EXTENDS SANCTIONS TO THE
OFFICIALS IN THE MAGNITSKY CASE
AND IN OTHER CASES OF GROSS
HUMAN RIGHTS ABUSES.
THE LEGISLATION CURRENTLY HAS 23
SPONSORS, AND I URGE ALL OF MY
COLLEAGUES TO CONSIDER JOINING
US ON THIS BILL.
JOIN US ON THIS BILL TODAY.
ON SEPTEMBER 16, 2011, 15
LEADING HUMAN RIGHTS ACTIVISTS
AND REPRESENTATIVES OF THE
RUSSIAN CIVIL SOCIETY ISSUED AN
OPEN LETTER URGENTLY CALLING ON
THIS CONGRESS TO PASS THIS
LEGISLATION.
THE LETTER STATES -- QUOTE --
"SERGEI MAGNITSKY HAS BECOME A
VICTIM OF THE INHUMANE RUSSIAN
JUSTICE SYSTEM.
MANY RUSSIAN CITIZENS ARE
UNLAWFULLY DEPRIVED OF LIBERTY
DUE TO THE TRAVESTIES OF THIS
SYSTEM.
THE IMPUNITY OF THOSE WHO HAVE
FABRICATED THE CASE AGAINST
MAGNITSKY AND PERSECUTED HIM
OPENS THE DOOR FOR OTHER
OFFICIALS WHO HAVE ENRICHED
THEMSELVES WITH STOLEN PROPERTY
AND TARGETED POLITICAL OPPONENTS
OF THE REGIME."
THE LETTER GOES ON TO SAY THE
CONSISTENT APPLICATION OF
INTERNATIONAL PRESSURE ON
CORRUPT MEMBERS OF THE RULING
ESTABLISHMENT WOULD
SIGNIFICANTLY SUPPORT OUR CIVIL
HONEST
INDIVIDUALS INSIDE THE RUSSIAN
POWER STRUCTURE WHO ARE TRYING
TO REVAMP AND REFORM THE
EXISTING GOVERNMENT
INSTITUTIONS.
THE LETTER CON CLIEWDZ, WE URGE
YOU -- THEY URGE US, THE MEMBERS
OF CONGRESS -- WE URGE YOU TO
ADOPT THE SERGEI MAGNITSKY RULE
OF LAW ACCOUNTABILITY ACT OF
2011 WITHOUT ANY DELAY.
MR. PRESIDENT, WE IN THE SENATE
SHOULD BE STANDING IN SUPPORT OF
THE PRINTED, -- PRINCIPLED,
FEARLESS RUSSIAN CITIZENS WHO
HAVE THE COURAGE TO EXPOSE THESE
CORRUPT ABUSES, TO EXPOSE THE
BRUTALITY AND THUGGERY OF THEIR
OWN RUSSIAN GOVERNMENT.
I URGE PRESIDENT OBAMA, I URGE
SECRETARY CLINTON TO MAKE HUMAN
RIGHTS AND RULE OF LAW IN RUSSIA
TO
RESET BILATERAL RELATIONS.
WITHOUT COMMITMENT TO THESE
BASIC PRINCIPLES, OUR EFFORTS TO
FIND COMMON GROUND ON OTHER
ISSUES OF MUTUAL CONCERN WILL
CONTINUE TO BE UNDERMINED.
I SUGGEST THE ABSENCE OF A
QUORUM.
THE CLERK
WILL CALL THE ROLL.
CALL:
MR. PRESIDENT?
THE
SNOER FROM NEW HAMPSHIRE.
I ASK UNANIMOUS
CONSENT THAT THE ORDER FOR THE
QUORUM CALL BE DISPENSED WITH.
WITHOUT
OBJECTION.
THANK YOU, MR.
PRESIDENT.
I ASK UNANIMOUS CONSENT TO SPEAK