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Court upholds investigator's actions in Magnitsky's case

February 22, 2012, 17:04 UTC+3

On Wednesday the Moscow City Court upheld investigator Marina Lomonosova's actions within the probe into the circumstances of Magnitsky's death

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MOSCOW, February 22 (Itar-Tass) — On Wednesday the Moscow City Court upheld investigator Marina Lomonosova's actions within the probe into the circumstances of Sergei Magnistky's death in the remand prison, the lawyer of Magnitsky's mother, Nikolai Gorokhov, told Itar-Tass on Wednesday.

"The court has not granted our petition," Gorokhov told Itar-Tass.

The petition noted that the investigator illegitimately ignored Magnitsky relatives' statement about crimes by high-ranking officials. Also, she failed to take into account conclusions of the presidential rights council.

"Investigator Marina Lomonosova obstructs the investigation into the case in all ways, reducing it to the only version - death from cardiac insufficiency," the lawyer of Magnitsky mother complained.

After hearing out the parties' arguments, the court upheld the investigations' actions within the framework of the probe.

Earlier, head of the presidential human rights council Mikhail Fedotov told Tass he was satisfied with the progress in the probe into Magnitsky's death.

"Members of the Council's working group are well versed in the work of Marina Lomonosova. I'm satisfied with how she works, and the way the investigation is going," Fedotov said.

Sergei Magnitsky, 37, died in an IT ward of the hospital on the premises of the Matrosskaya Tishina remand prison on November 16, 2009, seven days after he was officially charged with organizing and abetting grand tax evasion. He had spent 11 months in custody.

Forensic experts said Magnitsky died of a combination of several illnesses, and untimely medical assistance as his health sharply deteriorated.

The case against Magnitsky was dropped because of his death on November 30, 2009. Investigators believe the auditor invented a tax evasion scheme for Hermitage Capital Management. The investigation was later reopened at the instruction of the Prosecutor General's Office, based on a Constitutional Court's ruling.

The Investigative Committee later said it needed consent of all close relatives of Magnitsky, in order to stop criminal prosecution. Under the Russian law, close relatives comprise spouses, parents, children, siblings, grandparents and grandchildren.

The investigation of the case against two Butyrka employees is completed. A doctor and a deputy remand prison chief were charged with "causing death by negligence as a result of improper fulfillment of their professional duties."

The case will be sent to the Prosecutor General's Office for endorsing the indictment.


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