Sergei Magnitsky

Emma Reynolds Excerpts

Wednesday 7th March 2012 Commons Chamber

[Emma Reynolds (Wolverhampton North East) (Lab)]

I congratulate the hon. Member for Esher and Walton (Mr Raab) on securing this debate and commend all right hon. and hon. Members who have supported the motion.

In all parts of the House, there is strong and unequivocal condemnation of the brutal treatment and alleged murder of Sergei Magnitsky. Mr Magnitsky, as the hon. Member for Esher and Walton has explained, was a young Russian lawyer working on behalf of a British firm in Moscow. He is thought to have uncovered the biggest corruption case in Russian history—a case that implicated politicians, the police, judges, and members of the Russian mafia. Days after Mr Magnitsky filed a criminal complaint and testified on the involvement of the tax police, among others, he was arrested on spurious tax charges by the same tax police officers against whom he had testified. He was held in pre-trial detention for nearly a year. In prison, he was mistreated, denied medical treatment and beaten. He died just days before the one-year limit within which he could be held without trial expired.

As the motion underlines, this is one of several cases in Russia in which human rights defenders and those exposing corruption have been brutally murdered. World-renowned journalist Anna Politkovskaya, human rights activist Natalya Estemirova, and human rights lawyer Stanislav Markelov have all been killed in cold blood for pursuing the truth. The brutality of the killings has even extended beyond Russia’s borders, with the murder of political exile Alexander Litvinenko on British soil five years ago.

[Jo Swinson (East Dunbartonshire) (LD)]

The hon. Lady mentions cases including that of Natalya Estemirova. A couple of years ago, I was fortunate enough to be able to travel to Chechnya and, unfortunately, to see at first hand some of the appalling human rights violations there, including what had happened about the assassination of Natalya Estemirova. We may know who is responsible in the case of Sergei Magnitsky, but does the hon. Lady agree that one of the major problems is that investigations into such cases to get to the root cause of who has committed these appalling crimes are not undertaken, and that we need to use all diplomatic efforts to encourage the Russian authorities to do so?

[Emma Reynolds]

I do agree, and I will turn to the so-called investigation very soon.

I have given a shameful list of crimes in which justice never seems to be done. While those who bring to light allegations of corruption and abuse by the Russian state run a high risk of being murdered, those responsible for their murders appear to run little risk of being caught and punished. On the contrary, they seem to operate in a climate of impunity. These cases must be accounted for by the Russian Government.

The case of Mr Magnitsky has rightly been condemned around the world. Motions similar to the one that we are debating are being considered in other Parliaments in Europe, notably in Italy, Poland, the Netherlands and Sweden; and the European Parliament has agreed on a resolution. A private Member’s Bill has been presented to the Canadian Parliament, and in the US, Senators Cardin and McCain have introduced a Bill in the Senate. Our debate is about what the British Government are able or willing to do about the Magnitsky case and others in which a culture of impunity prevails.

In the UK, we have a long and proud tradition on human rights. A Conservative politician, David Maxwell Fyfe, was instrumental in drafting and introducing the European convention on human rights. Right hon. and hon. Members on both sides of the House have been outspoken on the Magnitsky case and on other human rights abuses. Britain cannot turn a blind eye to the Magnitsky case.

I sincerely hope that the Minister, in responding to the motion on behalf of the Government, will not repeat the same line that that we have heard countless times—namely, that it would be inappropriate to comment on this case until the official Russian investigation has reached a conclusion. That goes back to the point made by the hon. Member for East Dunbartonshire (Jo Swinson). In June last year, a Home Office Minister, the hon. Member for Ashford (Damian Green), said that the British Government were waiting on the report of the Russian investigation, which was due in August last year. In January this year, the Under-Secretary of State for Foreign and Commonwealth Affairs, the hon. Member for North West Norfolk (Mr Bellingham), restated that position and said that the investigation was now expected to report on 24 January.

Given that the investigation into Mr Magnitsky’s death opened in November 2009 and has been delayed 11 times since, I hope that the Minister now accepts that the delays are unacceptable. Will he assure me and the House that we will not hear the same wait-and-see policy from the Government today? There are good reasons to doubt that the investigative committee will ever get to the truth of who killed Sergei Magnitsky. A delaying tactic by the Russian Government must not be allowed to become a convenient delaying tactic for our Government. In the light of that, what measures will the Government take to increase the pressure on the Russian Government in the Magnitsky case and many others?

Beyond that case, it is important that this debate takes account of the broader concerns about the horrific conditions in Russian prisons, which are well documented. According to Russia’s Federal Penitentiary Service, 4,423 people died in Russian prisons in 2010, and a huge number of Russian prisoners suffer and die from tuberculosis.

In July last year, President Medvedev’s human rights council reported that Sergei Magnitsky’s arrest was unlawful and that his detention was marked by beatings and torture aimed at extracting a confession of guilt. The only action of the Russian authorities in response to that evidence has been a decision to put the dead victim back on trial. That is unprecedented in Russian legal history. It is not only a grotesque parody of justice, but a gesture of contempt for the international community and the human rights norms on which it is built.

The motion refers to the international covenant on civil and political rights, reminding us that raising human rights issues is not about interfering in the affairs of the Russian Government, but is a way of holding Russia to its international obligations. Russia has signed the European convention on human rights, the universal declaration of human rights, the charter of Paris and the EU-Russia partnership and co-operation agreement, to name but a few. In signing each of those agreements, Russia made a solemn commitment to respect human rights. As a result, it has enjoyed the privileges that go with being a member of the international community. It is therefore reasonable to ask whether the Russian Government are living up to their side of the bargain.

Turning to foreign affairs, Russia is a permanent member of the UN Security Council and is soon to become a member of the World Trade Organisation. It has a key role to play in foreign policy in aiding the stability of Afghanistan and preventing Iran from becoming a nuclear power. Russia’s role is also important in the case of Syria. As the Minister said this weekend, its refusal to co-operate with the international community is prolonging the horrific situation in Syria.

In conclusion, we recognise that only 22 years have elapsed since the collapse of the Soviet Union and the 70-year domination of communism, and that a period of deep economic turmoil accompanied the transition. We want to see Russia back on the path of reform, not going backwards, which is what the cases of Sergei Magnitsky and many others demonstrate. We want a successful, open, democratic Russia, free of endemic corruption, where the rule of law is protected, not eroded; a Russia that has a strong voice in the world and that works with the international community, not against it.

In the run-up to Sunday’s presidential elections, Vladimir Putin promised to root out corruption and to guarantee human rights. We want to see those promises delivered. If the Russian Government do not put Russia back on the path of reform, their economy is likely to stagnate, their population will continue to decline, discontent will grow, and Russia’s stability will be at risk. That is not in Russia’s interests, nor is it in ours.

We support the motion as a signal of our condemnation of the impunity for those who disregard human rights in Russia and our condemnation of those who are responsible for Sergei Magnitsky’s death. We urge the Government to continue to press the Russian authorities using all the available channels and all the upcoming opportunities, including through the European Union. It is important to note that the motion sets out steps that go beyond the precedents set by this and previous Governments in acting on such matters. We are less convinced by those points and urge the Government to reflect on how best to exert influence on the Russian Government to encourage them to meet their human rights obligations, including in the Magnitsky case. However, we share and echo the overriding emphasis of the motion. It unites the House in its condemnation of the criminal and brutal acts perpetrated against a brave and committed man. It rightly calls for pressure to be increased on the Russian Government to deal with the case in a fair and just manner, without delay and without equivocation.