Heritage Capital lawyer Sergei Magnitsky's mother Natalya claimed at Moscow's Tverskoi Court that deputy head of the Butyrki prison Dmitry Kratov, who was accused of negligence in connection with Magnitsky's death, had denied an ample medical examination to her son.
"I had met with Kratov and asked him to transfer my son to Matrosskaya Tishina prison where he could undergo an ultrasound examination. My son had asked him of this favor, too," Magnitskaya told the court as the injured party.
This dates back to eight weeks before Magnitsky's death, she said. An ultrasound examination was important after Magnitsky was diagnosed with several illnesses. The decision to transfer him to a detention facility with no such equipment was unlawful, she said. Kratov "knew that the conditions he was creating for Magnitsky were tantamount to torture," and he knowingly rejected the request, she added.
"I would like the court to establish how my young and healthful son could have turned into someone with diagnosed terminal illnesses. My son died at a state establishment in front of many witnesses, not on a deserted street or in the empty hallway of an apartment building," Magnitskaya said.
"He would be ordered to change cells 21 times, sometimes at night, and he would complain about that, but in response he would be moved to even worse conditions," she said.
Natalya Magnitskaya had turned to the court hoping that it would order an additional investigation and that more severe charges would be brought against Kratov, but her request was turned down. A similar request had been made during preliminary hearings.
Magnitsky, a lawyer for the investment foundation Hermitage Capital, died at the Matrosskaya Tishina detention facility on Nov. 16, 2009 at the age of 37. He had been charged with tax evasion (a crime enshrined by Article 199 of the Russian Criminal Code).
Magnitsky's death drew a broad public response. The Investigations Committee opened a criminal inquiry on the basis of Article 124 (failure to provide assistance to a patient) and Article 293 (negligence) of the Russian Criminal Code.
Kratov was accused of "negligence that led to an accidental death" after the Russian Investigative Committee carried through an additional forensic medical procedure in July 2011 - a count punishable by up to five years in jail.
According to investigators, "Kratov had neglected his duties of guaranteeing medical aid to inmates, which led to Magnitsky's death."
No immediate and appropriate medical treatment was offered to Magnitsky and no therapy was conducted, when his condition sharply deteriorated. His death was caused by a combination of heart problems, diabetes and chronic and active hepatitis, investigators said.
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