Sergei Magnitsky

Martin Horwood Excerpts

Wednesday 7th March 2012 Commons Chamber

[Mr Leigh]

Well, we had accreditation and we were allowed to go and see all the absentee voting rolls. In the polling stations I visited, the absentee voting rolls were only about 10% of the total. Even if 10% of them were fraudulent or represented votes made under pressure from others, that could not significantly have affected the result. I am afraid that, whether we like it or not, in the polling station where I saw the count Putin won clearly. That leads to the question we have to ask ourselves: is Putin the bar to liberal pluralist democracy that my right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind) described in his excellent article earlier this week in The Daily Telegraph, or is there some evidence that the reason why he is quite popular in Russia is that not all Russians want pluralist liberal democracy? I make no defence of that point of view; I just ask that question. In his article, my right hon. and learned Friend said that

“the only opponents permitted to stand in the election were the Communists and an unelectable oligarch”,

but all the parties represented in the Duma were allowed to stand. [Interruption.] The hon. Member for Rhondda (Chris Bryant) laughs; I do not pretend that the election was perfect, but progress is being made. We have to acknowledge that there were other candidates.

[Martin Horwood (Cheltenham) (LD)]

I think the hon. Gentleman is putting too positive a gloss on this. May I remind him of the case of Grigory Yavlinsky, the candidate of the Liberal Democrats’ sister party in Liberal International in Russia, Yabloko? He was simply denied the opportunity to stand by an electoral commission. It was not a fair election.

[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.

--- Later in debate ---

[Martin Horwood (Cheltenham) (LD)]

Although it is a pleasure to follow the hon. Member for Gainsborough (Mr Leigh), I rise from the Liberal Democrat Benches of the coalition to support the motion unequivocally. I am pleased that there has been such cross-party unity—from the hon. Member for Esher and Walton (Mr Raab) to the hon. Member for Rhondda (Chris Bryant). The motion was also signed by my right hon. and learned Friend the Member for North East Fife (Sir Menzies Campbell). That cross-party unity is important, not least because the UK bears a special responsibility in the case of Sergei Magnitsky. He was working for a British company, Hermitage Capital, and the gentleman who has spearheaded the worldwide campaign for justice, Bill Browder, is a British citizen. Our country therefore has an obligation to lead the campaign. The example being set by legislators in the United States, the Netherlands and Canada is one that we should and can follow.

The world has changed since the 1970s and the 1980s—the hon. Member for Gainsborough is right about that. Democracy has flourished in Latin America, eastern Europe, the Caucasus, Africa and Asia, and we hope that it will now flourish in the middle east and north Africa, too. Russia has been part of the process. It is undoubtedly a freer country than was the Soviet Union, yet the implication of all the issues we are discussing is that democracy is, if anything, in danger and potentially going in reverse in Russia, in a way that it is not in eastern Europe, Latin America or even Africa.

It is right that we are increasingly intolerant of human rights abuses worldwide, whether committed by monsters such as Joseph Kony of the Lord’s Resistance Army in central Africa, or murderous regimes such as that of Bashar al-Assad. Some mechanisms are useful against that kind of leader—for example, the International Criminal Court. In the case of Sergei Magnitsky and cases like it, however, the situation is more complicated. Russia is a country with democratic structures and space for opposition and pluralism; nevertheless, the state and the judicial system are being used as a mechanism for oppression. People are acting with impunity and assuming that they can get away with it indefinitely. We need mechanisms that will target not just the leaders but the accomplices, to discourage people from participating in such activity all the way down the food chain. For that, we need a faster and more effective process than referrals to the ICC.

I agree with the hon. Member for Rhondda: we should not necessarily be waiting for measures to be implemented in other countries before we recognise that it might be right to act in this country. I accept that there are constraints on what the Minister can tell us, and I absolutely accept his personal commitment to human rights and democracy. He has done extraordinary work to raise those issues even when it was inconvenient to do so, not just with the Russian Government, but with many other Governments worldwide. I certainly give him credit, but it is important that we support the motion and seize our opportunity.

It is important, too, that we do not send mixed messages, for example in our suggested reforms to the European Court of Human Rights. There is danger in saying that national Governments can pick and choose which cases go forward. If we do that, it might be possible for Russia to do it too, which in the context of the Magnitsky case would be very dangerous. I am happy to support the motion. I recognise the constraints, but the time has come to speak out and to act.