Lawyers for Magnitsky family accuse investigators of illegal actions - Hermitage Capital

The lawyers for the relatives of Sergei Magnitsky, a lawyer for Hermitage Capital, who died in a Moscow detention facility in 2009, have complained to the administration of three law enforcement agencies about an investigator who provided materials relating to the Magnitsky criminal case to his colleagues in the Interior Ministry, the press service for the investment company said.

"The lawyer for Magnitsky's mother has filed a statement stating a conflict of interest in the investigation into the lawyer's and the creation by the administration of the investigative body of a situation threatening the safety of the victims and the witnesses in the case," the press service said in a report obtained by Interfax on Monday.

The statement has been sent to the Prosecutor General's Office, the Investigations Committee, and the Investigations Department of the Interior Ministry.

"The statement says that the Investigations Committee has provided unlimited access to the materials of the case involving Magnitsky's death to the Interior Ministry officials whom the victim stated as accomplices in his torture and killing, thus violating the victim's rights," the press release.

The lawyers said such actions create "conditions for a threat to the life and safety of the victims and other persons who have provided investigators with evidence on the role in the crime against Magnitsky of Interior Ministry officials who are interested in hiding this information and evading responsibility."

Magnitsky, who was accused of tax evasion, died at the Moscow detention facility Matrosskaya Tishina on November 16, 2009. Acute cardiac arrest was officially named as the cause of his death. Magnitsky's defense lawyers claimed that he had complained of health problems and requested a thorough medical examination.

Magnitsky's death caused a public outcry, and human rights campaigners said doctors and police were to blame for his death.

Human rights activists blame doctors and law enforcement officials for Magnitsky's death. In July 2011, the Russian Investigations Committee completed the additional medical evaluation, as a result of which Dmitry Kratov, a former deputy head of Moscow's Butyrka detention center, was charged with "negligence dealing to manslaughter." The crime carries a punishment of up to five years in prison.

According to the investigators, "Dmitry Kratov improperly fulfilled his duties to provide medical assistance to citizens kept in detention facilities," which led to the death of Magnitsky, who died while in detention.

According to the case materials, Magnitsky was not provided with timely and appropriate treatment and did not receive proper treatment when his health sharply declined.

The post-mortem investigation into the criminal case against Magnitsky has not been completed by Interior Ministry officials and the case is being prepared to be transferred to the prosecutor, who will approve an indictment.

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