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President to receive new documents on the Magnitsky case

November 28, 2011, 12:30 UTC+3

Sergei Magnitsky’s friends and relatives plan to publish documents and contents of the criminal case, which they managed to get

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Sergei Magnitsky’s friends and relatives plan to publish documents and contents of the criminal case, which they managed to get. Most of them had not been published earlier. Protocols, photographs, reports. The Moskovsky Komsomolets is the first to publish a list of documents, which will be presented to the presidential council on human rights. Dmitry Medvedev will see them on December 13 during the meeting devoted to the Magnisky case.

It is both sad and funny to see them, the newspaper writes. Not only because they confirm – when behind the bars, Sergei Magnitsky was tortured and humiliated. The thing is the documents demonstrate that law enforcement authorities had not revealed the truth. For two years. Two years are gone, but nothing has changed.

Magnitsky remained in prison till his death – for the term of 358 days. The newspaper quotes the report made by the Public supervising commission: “Based on the conditions of Magnitsky’s imprisonment, we have come to the conclusion that he actually experienced physical and psychological pressure. Conditions of his stay in certain cells should be considered as humiliating personal dignity.”

In June of 2009, Sergei Maginitsky /who formerly used to be a healthy man, and even did not have a medical record before the imprisonment/, began suffering from intolerable pain in the abdominal cavity. He lost 20 kilograms. The report presents a full package of documents, which prove that he had a diagnosis – pancreatitis and cholelithiasis – and a prescription for a surgery on August 1. But on July 25, a week before the appointment, Magnitsky is transferred from the Matrosskaya Tishina which has a hospital, to Butyrka – a pre-trial jail of more stick regime, which does not have a hospital, and no ultrasound research or any surgery are impossible there. Traces from tortures are seen clearly at photos, made at the mortuary. There are documents proving the above.

On November 16, 2009, administration of Butyrka diagnosis Magnitsky’s critical state – acute attack of pancreatitis, calculous pancreatitis – and transfers him to Matrosskaya Tishina for emergency hospitalisation. But as he is there, he is not taken to hospital, he is taken to an isolation board of the pre-trial jail, where the guards beat him up. This is a fact. The report on use of handcuffs and a report mentioning a rubber club are published for the first time. They also say that it was necessary to beat up and cuff Magnitsky to avoid the threat of maiming.

The public supervising commission, which controls human rights during force detention in Moscow, made its own investigation of Sergei Magnitsky’s death. Thus, on December 28, 2009 it announced its deplorable conclusions:

1. Actions of medical staff ... were not negligence. They were ... absence of medical aid;

2. Magnitsky experienced psychological and physical pressure;

3. The Magnitsky case may be considered as violation of right for life;

4. Prosecution... failed to fulfil its functions;

5. If judge Stashina had not extended the imprisonment term, Sergei might have remained alive.

6. Conditions for Magnitsky ... in the prison prove the pressure he experienced, which was made with the purpose to ruin his will by torturous conditions. Actions of the investigator prove ... intention to conceal motivation for the refusal to make /medical/ examination.

These conclusions of the investigation were forwarded to five authorities – the Investigative Committee of the prosecution, the Ministry of Justice, the Federal Service of Penal Jurisdiction, the Presidential Administration, the Prosecutor General’s Office. Not a single feedback has been received as yet, the Moskovsky Komsomolets writes. Over the two years of Sergei’s death, Russia’s Investigative Commission extended investigation into Magnitsky’s death for nine times, still having failed to find those responsible, but for two doctors.

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