Irwin Cotler moved, — Whereas this Subcommittee has previously condemned the systematic abuse of Sergei Magnitsky – including his arbitrary arrest, torture, and death in custody – by those Russian officials implicated in the largest known corporate tax fraud and misappropriation of assets in Russian history, that Sergei Magnitsky sought to expose;
Whereas this Subcommittee has previously deplored the denial by Russian Federation authorities of any justice or legal remedies to Mr. Magnitsky during the nearly twelve months he was detained without trial in torturous conditions, before his death in an isolation cell on November 16, 2009;
Whereas this Subcommittee has previously denounced the ongoing impunity – and indeed rewarding – of Russian officials for their involvement in the corporate tax fraud and related corruption, and the arbitrary arrest, torture and death in detention of Sergei Magnitsky, and subsequent cover-up of their crimes;
Be it resolved that:
The Subcommittee condemns the posthumous trial of Sergei Magnitsky, first such trial in Russian History;
The Subcommittee deplores efforts to tamper with evidence and threaten witnesses and the family of Sergei Magnitksy;
That the Subcommittee take note of recent legislation passed in the United States and European Union in this matter and therefore:
The Subcommittee reaffirms its call upon the Government of Canada to explore options to impose visa restrictions and asset freezes on those Russian officials where there is documented evidence supporting their implication in the corporate tax fraud corruption, and the arbitrary arrest, torture and death in detention of Sergei Magnitsky, and subsequent cover-up of their crimes; and
That the Subcommittee call upon the Russian Federation to conduct a thorough, transparent and impartial investigation into:
a) the detention, torture, and resulting death in custody of Sergei Magnitsky;
b) the identification of Russian officials implicated in the largest tax fraud in Russian history; and
c) that the individuals responsible be brought to justice pursuant to the laws of the Russian Federation and its international legal obligations.