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Magnitsky case investigtn not to be dropped without relatives consnt

September 09, 2011, 11:32 UTC+3
It is a paradoxical situation -- the relatives object to the investigation resumption, but at the same time do not give their consent to dismiss it
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MOSCOW, September 9 (Itar-Tass) —— The investigation into the case of Sergei Magnitsky is prolonged till November 24, as his relatives object to the resumption of the investigation, but at the same time do not give consent to dismiss it, a source at the press service of the Russian Interior Ministry's investigation department told Itar-Tass on Friday.

Magnitsky, a consultant with the British investment fund Hermitage Capital, died in an intensive therapy ward of the hospital of the "Matrosskaya Tishina" jail in November 2009. He was charged with involvement in tax evasion.

The press service recalled that the investigation into the Magnitsky case was dropped on November 30, 2009 in connection with the defendant’s death, though there were enough evidence proving he was involved in illegal activities, and it was resumed on August 9, following the direction of the Russian Prosecutor General's Office and the Russian Constitutional Court's ruling of July 14, 2011.

It is necessary to receive the consent from all the close relatives to drop the proceedings against Magnitsky, the official explained.

Investigators have met with Magnitsky's widow and her attorney, who objected to the decision of the prosecutor's office and the investigative authorities to resume the proceedings against the defendant, but the widow at the same time reserved the right to take a decision later to resume the investigation to rehabilitate her husband.

Besides, the investigation department on September 6 received a written statement from Magnitsky's mother, according to which, she believed the arrest and the prosecution against her son were unlawful.

The dismissing of the case for the second time in connection with the death of the defendant is contrary to the Constitutional Court ruling, the official said. The two women who have lost their man, in their statements, use such words as "immorality" and "unlawfulness", but the notions may not be considered as judicial. To observe all the legal formalities set by the Russian legislation, a legal document is needed -- the consent from all the close relatives to drop the criminal case against Magnitsky.

It is a paradoxical situation -- the relatives object to the investigation resumption, but at the same time do not give their consent to dismiss it, the investigation department official noted.

The proceedings will last until all the close relatives settle the matter.

According to the Russian legislation, close relatives are a husband, a wife, parents, children, adoptive parents, adopted children, brothers, sisters, a grandfather, a grandmother and grandchildren. The investigators will try to find all the close relatives of Magnitsky to know their view and with this aim will extend the term of the investigation. For the time being, it is prolonged till November 24, the official said.

At the same time, all persons concerned have the right to appeal against the decision of the Prosecutor General's Office to resume the investigation.

Magnitsky, 37, died in the jail hospital on November 16, 2009, eleven months after he was taken into custody and seven days after the charge was brought against him. Before the transfer to the hospital, he was held in the "Butyrka" jail,

The investigation into the criminal case opened over Magnitsky's death is also prolonged till November 24, 2011.

 

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