Human Rights Violations in Russia
Magnitsky Act in 2013
United States views on international law [1] in relation to Magnitsky Act: In 2013, the U.S. Government began implementation of the Sergei Magnitsky Rule of Law Accountability Act of 2012 (“Magnistky Act”). On April 12, 2013, the State Department submitted to Congress the first list of persons determined to meet the criteria in the Magnitsky Act, which include responsibility for the detention, abuse, or death of Sergei Magnitsky, or involvement in certain other gross human rights violations in Russia. See April 12, 2013 Department press statement, available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/04/207436.htm. The names of those on the first “Magnitsky list” are available at (link resource) treasury.gov/resource-center/sanctions/OFACEnforcement/Pages/20130412.aspx. Senior State Department officials discussed the list—which included 18 people: 16 associated with the persecution and death of Sergei Magnitsky and two associated with other killings—in a background briefing, available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/04/207460.htm. Excerpts follow from the April 12, 2013 briefing.
Some Aspects of Magnitsky Act
Those 18 people were placed on the list following a thorough process of collecting information, including from NGOs, from Congress, and from our own sources, and then a process by which agencies of the U.S. Government, including especially OFAC from the Treasury Department, reviewed the information about them to determine whether we had met a reasonable standard to include them on this list.
Developments
Those 18 people were placed on the list following a thorough process of collecting information, including from NGOs, from Congress, and from our own sources, and then a process by which agencies of the U.S. Government, including especially OFAC from the Treasury Department, reviewed the information about them to determine whether we had met a reasonable standard to include them on this list.
Details
Putting a name on this list is a serious undertaking. It has legal ramifications. Whenever you are freezing the assets of individuals, you better know what you're doing and why, and you better have a reasonable, demonstrable basis for doing so. We believe we have that basis. We think that the purposes of the Magnitsky Act are the support of human rights. We applaud those purposes. Human rights is part of our relationship with the Russians. It is sometimes a difficult part, but we have implemented this law in a fair spirit and diligently.
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We have notified the Congress both in writing and in person. We are going to be notifying the Russians, although the list is now public and I'm sure the Russian blogosphere is lit up with discussion of the names.
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The names include six persons who were placed there because of their position in the initial investigation and arrest of Magnitsky. They were senior investigators, supervisorial, and other personnel of the Interior Ministry; one from the General Prosecutors Office; four judges from the Tverskoy court; two prison officials, one from the Matrosskaya Tishina prison, the head of the pre-trial prison detention facility there, the other the head of the pre-trial detention facility at Butyrka prison; plus two heads of tax authority offices. They were associated—these people— with various stages of the campaign against Sergei Magnitsky.
Magnitsky Act in 2013 (Continuation)
United States views on international law [1] in relation to Magnitsky Act: The standard that applied to the review of these and the determination under the Magnitsky Act is the same standard that applies to other economic sanctions determinations of individuals. And for those of you interested, the relevant standard is spelled out in the Administrative Procedures Act. It is an across-the-government standard and it's important that that standard be maintained.
Resources
Notes
- Magnitsky Act in the Digest of United States Practice in International Law
Resources
Notes
- Magnitsky Act in the Digest of United States Practice in International Law
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