Human Rights Abuses: Magnitsky Sanctions Debate
Full Debate: Read Full DebateTim Roca
Main Page: Tim Roca (Labour - Macclesfield)Department Debates - View all Tim Roca's debates with the Foreign, Commonwealth & Development Office
(2 days, 23 hours ago)
Commons Chamber
Tim Roca (Macclesfield) (Lab)
I thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for securing this debate and for being a doughty champion for British citizens unfairly imprisoned abroad. Colleagues have already made clear that Magnitsky sanctions are not an abstract policy instrument but a really powerful tool, so for me the debate is really about whether we are prepared to use that tool fully and consistently on behalf of our citizens.
It is worth reminding ourselves of how this all began. We call these measures Magnitsky sanctions for a reason: a young man, Sergei Magnitsky, paid with his life for exposing corruption. He left behind an irrefutable paper trail that shows us exactly how authoritarian injustice works.
Sergei was a Russian tax lawyer—not an activist or a dissident—but he uncovered fraud of extraordinary scale involving the theft of millions of dollars carried out by state officials in Russia using the very institutions meant to uphold the law. He did what the law demanded of him: he documented it, testified and trusted that evidence would matter. Instead, the state turned on him. He was arrested by the very officials he had implicated and placed in pre-trial detention, where punishment begins long before guilt is even alleged.
What sets Sergei apart, and why we still speak his name, is what he did next. Even as his world narrowed to concrete walls and iron doors, he documented everything, with over 450 complaints, petitions and diary entries written by hand, often without a table, sometimes in freezing cells, under conditions designed to break the human spirit. In a letter to his lawyer in August 2009, he said:
“Justice, under such conditions turns into the process of grinding human meat for prisons and camps.”
That phrase was not rhetoric; it is a description of a system where detention itself becomes the punishment and where exhaustion, humiliation and neglect replace the rule of law.
Sergei was moved repeatedly between cells—often at night—and deprived of sleep, but he still refused to withdraw his testimony or plead guilty, so his conditions worsened. He was placed in cells flooded with raw sewage. He slept in his coat because the windows had no glass. Rats ran freely at night across the prison.
Fatally, Sergei was denied medical treatment. Despite a diagnosis of pancreatitis and escalating pain, and despite written pleas, verbal pleas and petitions to judges, prosecutors and officials, his requests were ignored. One official told him plainly that he would get help only after release and that nobody was obliged to provide it to him in detention.
Sergei’s last note asked when the ultrasound prescribed months earlier would finally be done. It never was. On 16 November 2009 he died on a prison floor after being restrained, isolated and denied emergency care: clearly a gross breach of human rights. Even then in death, the system denied responsibility. That is why Magnitsky sanctions exist: because Sergei and the incredible campaign of Sir Bill Browder showed us that truth outlives prison walls and that accountability has to cross borders.
Why does this matter today? We are seeing the same injustice applied to the case of Ryan Cornelius, not in Moscow but in Dubai. The right hon. Member for Chingford and Woodford Green talked a little about Ryan’s case. He was arrested in 2008 and convicted of fraud in 2010, but the sentence that he received—harsh as it was—had an end date, and he had served it. But just weeks before his scheduled release it was extended by a further 20 years using a law introduced after his original conviction, with no proper hearing and no meaningful right of appeal. That is not justice; that detention is leverage. The parallels with Sergei are stark.
Like Sergei, Ryan was arbitrarily detained, according to the United Nations working group on arbitrary detention. Like Sergei, he has been denied due process. Like Sergei, he has been punished for refusing to concede or comply. Like Sergei, he has endured degrading prison conditions and inadequate medical care during a serious bout of tuberculosis.
But unlike Sergei—this should trouble the House deeply—Ryan Cornelius is a British citizen. The UN has ruled his detention arbitrary, and experts have raised the alarm. His family, some of whom are in the Gallery, have campaigned for years; some of them have lost everything. Members from parties across the House have spoken up, yet Ryan remains in prison. If Magnitsky sanctions are not relevant in this case, we must really ask ourselves: what are they for? I am grateful that we have heard some of the names relating to Dubai Islamic bank. I hope that the Government will take them away and think carefully about use of the powers that we have, which seem wholly appropriate in this instance.
What does the House want from the Magnitsky sanctions regime? I am grateful that several hon. Members have made these points. We want them to be more than just symbolic; we want them to be consistent, ambitious and principled. We have been honest about where our use of these sanctions has fallen short. On that, I am grateful in particular to my hon. Friend the Member for South Dorset (Lloyd Hatton). Since we introduced the regime, we have designated 229 individuals and entities under it. While these measures have had a meaningful impact in some cases, overall we have applied them in a limited and inconsistent way. We know that the FCDO has received dossiers and evidence from civil society organisations in their hundreds—potentially thousands—implicating perpetrators, but only a small number have been sanctioned.
The contrast has already been made with the UK’s response to Russia’s invasion. I do not want to denigrate that response, because the Minister in particular and his colleagues have worked incredibly hard on that, and I give credit where credit is due. However, it demonstrates that where there is a political will, we do act at scale. That is what we want to see in other cases as well.
The inconsistency is particularly evident in cases involving UK strategic partners or trade allies, and in relation to conflict-related sexual violence, despite the UK's preventing sexual violence in conflict initiative. There is also a clear failure to use the regime robustly in response to British nationals arbitrarily detained abroad, such as Ryan Conelius.
Beyond designation decisions, weak enforcement is further undermining the regime. To date, no fines have been imposed for breaches of Magnitsky sanctions. Reports indicate widespread evasion involving professional enablers, opaque corporate structures and overseas territories, as has been capably pointed out. In addition, there is no obligation for the Government to report to Parliament on the use of these sanctions. I believe that should change.
The UK lacks a strategy for managing frozen assets and ensuring that sanctions contribute to justice for victims and survivors. Funds can remain untouched for years, losing value while survivors receive no reparations. I think here particularly of the family of Ryan Cornelius; his wife Heather is effectively homeless as a result of the circumstances she faces. At present, all the proceeds flow back to the Treasury rather than to those harmed by the underlying violations. Let us use these sanctions ambitiously, consistently and appropriately in combination with other mechanisms if they are effective in upholding human rights, tackling illicit finance and preventing this country from becoming a haven for war criminals and kleptocrats.
Sergei Magnitsky showed us what courage looks like when the law collapses. Ryan Cornelius reminds us what happens when we hesitate to act. Sanctions are not about vengeance; they are about drawing a line and saying that no official, no banker and no judge is beyond accountability when they participate in grave injustice. If we honour Sergei’s legacy, we must be prepared to act with the same clarity he showed even when it is uncomfortable or inconvenient, especially when one of our own is still paying the price.