UN Official Reports Russian Misconduct on Magnitsky Case

March 28, 2012

On Tuesday the UN Special Rapporteur on Torture, Juan E. Mendez, published a report condemning the Russian government for the death of Sergei Magnitsky, according to Max de Haldevang of The Moscow Times.

Mendez said in his report that the state should be held accountable for Magnitsky’s death in prison. He said, “When an individual dies as a consequence of injuries sustained while in State custody, there is a presumption of State responsibility, particularly when the person was in good health at the time of his arrest.”.

Russian has been criticized by Western governments over the Magnitsky case. Magnitsky’s former employer, Hermitage Capital, has lobbied the Russian government for further investigation of the case, while Russian authorities have declined to investigate torture allegations, claiming that Magnitsky died of natural causes. Of these claims, Mendez says:

“Attempts to present the cause of death as arising from natural causes are particularly unpersuasive given the medical records available and the fact that urgent medical attention was denied to him as his condition deteriorated. Although officials presumably involved in Magnitsky’s arrest and treatment in detention have been identified, their conduct has not been properly investigated. Instead, Magnitky’s relatives are being asked to contribute evidence or be portrayed as not being interested in the investigation.”

The Mendez report has said that Russia has failed to comply with the UN Anti-Torture Convention.

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