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Russia Magnitsky case: Dead lawyer trial due to open Trial of dead Russia lawyer Sergei Magnitsky delayed
(about 9 hours later)
The trial of a dead lawyer is due to begin in Russia, despite criticism from the US and the European Parliament. The trial of a dead Russian lawyer has been delayed, amid criticism from the United States and European Parliament.
Sergei Magnitsky died in prison in 2009 after accusing officials of falsely claiming a tax rebate of $230m (£150m). Sergei Magnitsky, who died in pre-trial detention in 2009, is accused of helping the investment fund Hermitage Capital evade $17.4m (£11.7m) in taxes.
He was arrested after some of the officials accused him of the same offence. He was arrested after testifying that interior ministry officials had used the UK-based firm to embezzle $230m by filing false corporate tax returns.
It is believed to be the first time in Russian or Soviet history that a defendant will have been tried posthumously. It is said to be the first posthumous prosecution in Russian legal history
Mr Magnitsky's colleagues say the case against him was fabricated to make him stop his investigation into a number of high-profile corrupt officials. Even in the Soviet period, no defendant was tried after death, according to Hermitage Capital.
His family and lawyers refused to attend last week's pre-trial hearing saying the case was politically motivated. But a recent Supreme Court ruling allowed the police to conduct posthumous investigations.
The European Parliament says the trial is "a violation of international and national laws and clearly shows the malfunctioning of the Russian criminal justice system". 'Circus'
Mr Magnitsky's mother, Natalya Magnitskaya, told Reuters: "It's inhuman to try a dead man. If I take part in this circus, I become an accomplice to this. I won't take part in the hearings." On Monday, a judge at the Tverskoi district court in Moscow opened the trial but swiftly adjourned the next hearing until 22 March to give the court-appointed defence lawyers more time to study the evidence.
Also to be tried in absentia is Bill Browder, the head of Hermitage Capital Management which employed Mr Magnitsky. The lawyers had asked the judge to give them until 10 May to prepare, but the prosecution said that was too long.
He is facing new fraud charges filed last week over dealings in shares for state gas firm Gazprom. Magnitsky's family and their lawyers refused to attend last week's pre-trial hearing saying the case was politically motivated.
He says the charges are an "absurdity" and revenge for his campaign in the US for rights legislation named after Mr Magnitsky. Natalya Magnitskaya, his mother, told the Reuters news agency: "It's inhuman to try a dead man. If I take part in this circus, I become an accomplice to this. I won't take part in the hearings."
The European Parliament said the prosecution was "a violation of international and national laws and clearly shows the malfunctioning of the Russian criminal justice system".
Police reopened the case against Magnitsky last year, saying it would allow his relatives and supporters to clear his name.
Also to be tried in absentia is Bill Browder, the executive director of Hermitage Capital, who employed Magnitsky.
He is facing new fraud charges filed last week over dealings in shares for the Russian state gas firm, Gazprom.
Mr Browder says the charges are an "absurdity" and revenge for his campaign in the US for human rights legislation named after Magnitsky.
BeatenBeaten
Mr Magnitsky had been an auditor at a Moscow law firm when he discovered what he said was a massive fraud by tax officials and police officers. Magnitsky had been an auditor at a Moscow law firm when he discovered what he said was a massive fraud by tax officials and police officers.
After his arrest, he was in detention for a year and had pancreatitis, but an investigation by Russia's presidential council on human rights concluded he had been beaten and denied medical treatment. He was arrested in 2008 and died in custody the following year after developing pancreatitis that was left untreated. An investigation by Russia's presidential council on human rights also found that he had been severely beaten.
In December, a Moscow court acquitted a prison doctor accused of negligence over Mr Magnitsky's death. In December, a Moscow court acquitted a prison doctor accused of negligence over Magnitsky's death. Dmitry Kratov had argued that he was unable to ensure medical care because of a shortage of staff.
The case has strained relations between Russia and the US.The case has strained relations between Russia and the US.
Last year, Washington passed the Magnitsky Act, which blacklists Russian officials accused of human rights violations. Last year, Washington passed the Magnitsky Act, which blacklists Russian officials accused of involvement in his death.
In response, Russian President Vladimir Putin signed a Russian law barring Americans from adopting Russian orphans.In response, Russian President Vladimir Putin signed a Russian law barring Americans from adopting Russian orphans.
Amnesty International has warned that the trial would "open a whole new chapter in Russia's worsening human rights record".Amnesty International has warned that the trial would "open a whole new chapter in Russia's worsening human rights record".