EIT: Sergei Magnitskin tapauksessa useita ihmisoikeusloukkauksia

27.8.2019 | Oikeusuutiset

Markku Fredman

ECHR finds multiple violations of the European Convention in case concerning Russian tax adviser Magnitskiy

The case of Magnitskiy and Others v. Russia (applications nos. 32631/09 and 53799/12) concerned Sergei Magnitskiy, an auditor charged with organised tax evasion who died in pre-trial detention in November 2009. He was later convicted posthumously.
In today’s Chamber judgment the European Court of Human Rights held, unanimously, that there had been:

  • a violation of the substantive and procedural limbs of Article 2 (right to life) of the European Convention on Human Rights, and,
  • a violation of Article 3 (prohibition of ill-treatment) owing to the conditions of Mr Magnitskiy’s detention, and,
  • a violation of Article 3 owing to Mr Magnitskiy’s ill-treatment by prison guards and the lack of an effective investigation into that issue, and,
  • a violation of Article 5 § 3 (right to liberty and security) owing to the length of his detention, and,
  • a violation of Article 6 §§ 1 and 2 (right to a fair trial and presumption of innocence) owing to the posthumous proceedings and his conviction.

The Court rejected a complaint under Article 5 § 1 about Mr Magnitskiy’s arrest and detention as illfounded. The Court found in particular that the medical care given to Mr Magnitskiy in prison had been inadequate and had led to his death and that the subsequent investigation had been lacking. He had also been held in over-crowded conditions and had been ill-treated shortly before dying. The Court held that the authorities had had reasonable grounds to suspect Mr Magnitskiy of being involved in tax evasion so a complaint by the applicants on that ground was inadmissible. However, that suspicion had not warranted his being held in prison for more than a year and the authorities had not provided sufficient reasons for keeping him detained for such a long period of time. Furthermore, the proceedings for his conviction after his death had been inherently unfair.

Click here to download the press release.

The judgment: http://hudoc.echr.coe.int/eng?i=001-195527