The First Deputy of the General Prosecutor of the Russian Federation, Chairman of the Investigative Committee under the Russian Prosecutor’s Office, 1-st grade state adviser of justice Mr. Alexander Ivanovich Bastrykin Investigative Committee under the Prosecutor’s Office of the Russian Federation 6/2 Baumanskaya street, Moscow, Russian Federation. №127/10 March 26, 2010

Dear Alexander Ivanovich, I am writing to you in relation to the following matter: Mr Sergei Magnitsky, a lawyer and employee of Firestone Duncan, an American law firm, aged 37 and a father of two children, died on November 16, 2009 in Matrosskaya Tishina pre-trial detention center. He was detained in prison as a hostage for nearly twelve months under the pretext of committing a tax crime. The accusation against him was brought by the same officers of the Ministry of Internal Affairs against whom Mr Sergei Magnitsky had given witness testimonies accusing these officers of committing a fraud against the Russian State. The death of Mr Sergei Magnitsky, which resulted from willfully cruel treatment, provoked a worldwide public reaction, except that is, from the offices in the Ministry of Interior of Russia1, who in our opinion are liable morally and legally for the death of the lawyer. Torture was used by officers of the Ministry of Interior as a method to pressure Mr Sergei Magnitsky in the course of the investigation of the criminal case: Only one official statement was made by the officials from the Ministry of Interior, who called the death of Mr Sergei Magnitsky “a tragic accident”. Furthermore, the Head of the Investigative Committee of the Ministry of Interior, Mr Anichin, during a public speech, recognized Mr Magnitsky as “guilty” of committing the crimes, notwithstanding that in the Russian Federation guilt can only be established by the courts. The case against Mr Magnitsky was never brought to any court while he was alive, and moreover what is sinister, is that this statement was made 40 days after the death of Mr Magnitsky. Therefore, officials from the Interior Ministry appear more willing to talk about Mr Sergei Magnitsky's “guilt” in committing unproven tax crimes, rather than to investigate the guilt of their fellow officers in relation to Mr Magnitsky's death. -------1

Please refer to the article “Ministry of Interior stubbornly argues: “Lawyer Magnitsky, who died in the pre-trial detention center, was a healthy man”

This death, however, did not occur accidentally. It did not occur merely through the oversight or negligence of some particular prison officials. Mr Sergei Magnitsky died from torture that was willfully inflicted upon him by officers of the Interior Ministry (Silchenko O.F. and Kuznetsov A.K.), and also by subordinates of Kuznetsov A.K (Krechetov, Tolchinsky, Droganov and other “unidentified persons”). The Russian Federation is a signatory to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as adopted by UN General Assembly resolution 39/46 on 10 December 1984 which entered into force on 26 June 1987 (the “Convention”). As defined in clause 1, Article 1 of the Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. As defined in Article 117 of the Criminal Code of the Russian Federation (“Torture”) “the term torture herein and in other articles of this Code is understood as physical or moral suffering caused for purpose of forcing a person to provide evidence or to perform other acts against such a person’s free will and also for the purpose of punishment or for some other purposes.” Mr Sergei Magnitsky accused the Interior Ministry officers of committing a crime in testimony he provided, and shortly thereafter he was arrested by the same officers, whom he had accused of committing the crime. The same officers (Lt Colonel Kuznetsov A.K. and his subordinates Droganov, Krechetov and Tolchinsky) were included in the investigation team for Mr Magnitsky’s case. They were the same officers, who fabricated and signed various reports, organized his illegal arrest and detained him in custody. They demanded that he retract his earlier testimony and replace it with false testimony against himself and his client. By the order of those same officers or with their collusion, Mr Magnitsky’s detention conditions in the pre-trial detention center, continually deteriorated. He was denied necessary medical attention, causing him physical and mental suffering, which resulted finally in his death: a) On June 5, 2008 and October 7, 2008 Mr Sergei Magnitsky gave testimony in which he referred to the possible involvement of the Moscow General Department of the Interior Ministry officers, Lt Colonel Artem Kuznetsov and Major Pavel Karpov, in the theft of 5.4 billion rubles, organized by way of an illegal tax refund from the state budget. The said taxes had been earlier paid by the Russian subsidiaries of The Hermitage Fund, and these subsidiaries were clients of Mr Sergei Magnitsky. b) On November 24, 2008 Mr Sergei Magnitsky was arrested in his house by subordinates of Lt Colonel Artem Kuznetsov and was accused in committing a tax crime on the basis of an order issued by investigator of the Investigative Committee of the Interior Ministry, Major Silchenko O.F.

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c) During the entire period of Mr Sergei Magnitsky's pre-trial detention and until his death on November 16, 2009, Lt Colonel Artyom Kuznetsov remained an active member of the investigation team for the so-called “crimes” of a person, who had testified against Kuznetsov. Mr Sergei Magnitsky's petition for the exclusion of Lt Colonel Kuznetsov and his subordinates from the case was dismissed by the investigators of the Investigative Committee of the Interior Ministry. d) On October 13, 2009, just one month prior to his death Mr Sergei Magnitsky made a recorded statement in the investigative protocol, addressed to investigator Gritsai of the Investigative Committee of the Interior Ministry, stating that: - his arrest was an act of revenge by officers Artyom Kuznetsov and Pavel Karpov; - during the entire time he was held in custody, he was subjected to physical and mental pressure; - the pressure was caused in order to force him to retract his earlier testimonies against the corrupt officers and instead to make false statements against himself and his client Mr William Browder, who was the investment advisor to The Hermitage Fund. e) During nearly 12 month in detention, Mr Sergei Magnitsky filed more than 400 complaints in which he referred to the illegality of his prosecution, the intolerable detention conditions and the denial of required medical attention, but none of the said complaints was considered on its merits. Conclusions reached by the Public Oversight Commission, which investigated the reasons behind Sergei Magnitsky's death. The death of Mr Sergei Magnitsky became the subject of a review by the Public Oversight Commission for the Observance of Human Rights in Penitentiary Centers of the city of Moscow (the “POC”), which was formed on the basis of the Federal Law of June 10, 2008 under No. 76-FZ “On public control over human rights protection in penitentiary centers and on assistance to the persons detained in the penitentiary centers”. In particular the following was stated in the POC’s report dated December 28, 2009: “A man who is kept in prison is not capable of using all the necessary means to protect either his life or his health. This is a responsibility of a state which holds him captive. Therefore, the case of Sergei Magnitsky can be described as a breach of the right to live. The members of the of the civic supervisory commission, have reached the conclusion that Magnitsky had been experiencing both psychological and physical pressure in prison, and the conditions in some of the wards of Butyrka can be justifiably called torturous. The people responsible for this must be punished.” This conclusion was made by the POC on the basis of the careful investigation of the following circumstances: a) On July 25, 2009, immediately after the diagnosis which was conducted in the pre-trial detention center, of a serious illness requiring constant medical Page 3 (of 10)

observation and a surgical operation, Mr Sergei Magnitsky, without any plausible explanation, was transferred from Matrosskaya Tishina detention center to the Butyrka prison (where no facilities are available to provide any medical assistance) with substantially worsened detention conditions. b) The transfer of Mr Sergei Magnitsky from the Matrosskaya Tishina prison to the Butyrka prison was made despite the fact that on July 1, 2009 a serious illness of his gastroenteric tract was diagnosed while in the Matrosskaya Tishina prison. A surgical operation was recommended along with an additional ultrasonic examination which was scheduled for the following month. c) Mr Sergei Magnitsky was transferred from the Matrosskaya Tishina prison to Butyrka prison five days prior to the scheduled medical examination, and the officers who “approved” this transfer must have been aware of the fact that they put the imprisoned person’s life and health at risk and caused him excessive physical and mental sufferings. d) By a direct order of investigator Silchenko O.F. in February, 2009 after three months in custody and just a few days prior to another extension of his detention, Mr Sergei Magnitsky was transferred to another pre-trial detention center with worse conditions in order to suppress his will. No notification was made of such transfer to his advocates or relatives. Mr Sergei Magnitsky filed his complaint on this matter stating that the transfer was made by the investigators specifically for the purposes of causing him mental, psychological and physical pressure and forcing him to change his testimonies and his consistent position with regard to the abuses committed by the officers of the Interior Ministry. e) During the detention period Mr Sergei Magnitsky moved between 3 pre-trial detention centers and all such transfers were made on the direct orders of investigator Silchenko O.F.. Therewith for nearly five months of his detention in “SIZO-5” pre-trial detention center he was moved cells 4 times, and further within the 4 month period of his detention in “SIZO- 2” (the Butyrka prison) he was transferred between cells 8 times. With each such cell to cell transfer the condition of the new cell was worsened. Mr Magnitsky was detained in the cells, where conditions did not comply with Russian, nor international standards. He was intentionally transferred to cells where conditions did not meet basic sanitary-and-hygienic requirements. He was denied access to drinkable and hot water, hot food and he was denied even sleep, which substantially adversely affected his health condition, taking into account the illness he was diagnosed with (pancreatitis). f) The participation of Mr Sergei Magnitsky in court hearings was made under “severe circumstances that were humiliating to his dignity and hazardous to his health”. g) During his 11 month detention, Mr Sergei Magnitsky was not allowed even once to see his family members (his wife, mother, children and others relatives) and when he was transferred to Butyrka prison he was subjected to even stricter isolation as the prison administration constantly abused their established procedures of mail exchange between a prisoner and his family. Page 4 (of 10)

k) For several months, despite repeatedly filed petitions and complaints, Mr Sergei Magnitsky was denied medical assistance (despite the fact that Matrosskaya Tishina prison’s doctors recommended him to have regular medical treatment) and as a result he suffered intolerable physical pain and suffering. Thus, on September 2, 2009 investigator Silchenko O.F. rejected the petitions filed by the lawyers of Mr Magnitsky regarding required medical assistance to be provided. Such medical help was even denied when Sergei Magnitsky was dying. Reviewing the whole set of the aforementioned circumstances, the POC reached the following conclusion: “During the course of our investigation of the conditions of Magnitsky in Butyrka detention facility, we have come to the conclusion that the circumstances that have lead to the death of detainee Magnitsky cannot be viewed separately from the course of the investigation of the criminal case… The members of the Public Oversight Commission believe that it is necessary to find out the role of the investigators in creating conditions and subjecting Magnitsky to them in detention, and the degree of their responsibility”. The Disregarded statements of Mr Sergei Magnitsky on the malfeasances committed by the officers of the Interior Ministry and the creation of torturous conditions for him in prison to punish him and force him to accuse himself in the crimes he did not commit. Mr Sergei Magnitsky, when he was alive, stated repeatedly that intolerable pressure was inflicted upon him to break his will and to force him to admit his own guilt and that of his client. Thus, in the application to investigator Silchenko O.F. dated September 11, 2009, Sergei Magnitsky stated that: “Realizing the invalidity of their claims, the investigators arranged for physical and psychological pressure to be exerted upon me in order to suppress my will and to force me to make accusations against myself and other persons. In particular, the investigators repeatedly proposed that I testify against William Browder in exchange for a sentence to be suspended during the trial and freedom. Every time, when I repeatedly rejected these propositions by the investigators pushing me to commit such a base act, the conditions of my detention become worse and worse.” In the same application Sergei Magnitsky expressly wrote about the hidden reason for the persecution initiated against him: “My criminal persecution has been ordered, to serve as a retribution. The investigation of this case is being conducted in gross violation of the law. I repeatedly demonstrated the incriminating evidence that the investigative group members were involved in the falsification of evidence and documents characterising me. My defense lawyers and I requested to disqualify the investigators who violated the law. The acts committed by the investigative officers, who abused the law, were repeatedly appealed in the appropriate petitions filed with the higher –ranking officers and with the court. My position is obviously irritating for the investigators. It is impossible to justify the charges brought against me, as I assert again that I did not commit any offenses, and the documents collected by the investigators only prove my innocence. The expert reports, fabricated by interested experts from the Interior Ministry departments, contain false evidence and Page 5 (of 10)

conclusions invented to please the investigators. If this case is ever heard in court, these experts will simply be unable to justify their conclusions during crossexamination by the defense.” Sergei Magnitsky also repeatedly stated that he was not guilty and that the investigators intentionally, in violation to the basic principles of justice, were persecuting an innocent person as a way of punishing him. He appealed against the illegal acts of the investigators and the prison administration of FBU IZ77/2 UFSIN of Moscow. In his application he stated as follows: “... Among these violations: the persecution arranged against me by the investigators for my refusal to accuse myself and other persons under criminal case No. 153123 of committing the crimes that neither I, nor any such persons committed; the assistance rendered by the administration of the pre-trial detention centers to the investigators in relation to my persecution by way of creating intolerable conditions during my imprisonment in the said pre-trial detention centers.”


On October 13, 2009, one month prior to Mr Sergei Magnitsky’s death, he made the following statement in the investigatory protocol about malfeasances committed by the officers of the Interior Ministry and also about legal abuses by the investigators: “The purposes of the criminal prosecution against me are not those purposes established by article 6 of the RF Criminal Procedural Code, but this prosecution is a repressive measure to punish me for assisting my client in connection with the investigated theft of the LLCs owned by my client, which are the “Rilend”, “Mahaon”, and “Parfenion” companies. In the course of the legal assistance I was providing I gained knowledge of the possible participation of militia officers in the said theft and that the stolen companies were subsequently used by the criminals to steal from the state budget the amount of 5.4 billion rubles, which had been earlier paid by the said companies in taxes at the time when they were controlled by my client … The direct personal interest of Kuznetsov in the illegal criminal prosecution against me is also evidenced by the fact that actually all documents, which were forged as a legal basis for detaining me in custody, were fabricated by the Tax Crime Department officers, who are the subordinates of Kuznetsov.: Droganov, Crechetov, Topchinskiy. Obviously they forged the documents by the order of Kuznetsov. In my view, Kuznetsov and other law-enforcement officers, who acted under the arrangement with Kuznetsov, could be involved in the theft of LLCs “Rilend”,“Mahaon”, and “Parfenion” and in the subsequent theft of 5,4 billion rubles from the state budget as described above. They were extremely interested in suppression of my activities I performed to assist my client in the investigation of the circumstances connected with the crimes against them, and that was the reason for the illegal criminal prosecution that was initiated against me by investigator Silchenko. I believe that with participation of investigator Silchenko O.F., or with his tacit consent the inhuman and humiliating conditions were created for me in the investigatory isolation ward. During the period of my custody I was transferred five times to four different places of custody. I am too tired to count the chambers to which I was transferred for an incalculable quantity of times. Medical assistance was not provided to me. Repeatedly Page 6 (of 10)

and for no logical reasons I was denied meeting my mother and wife, and telephone conversations with my minor children were not allowed. In the period of my detention in custody they created situations for me, as a result of which I lost my right to take a shower on a weekly basis, to watch TV, to have a refrigerator, and just to live in normal conditions to the extent they could be normal in an investigatory isolation ward. I am sure that they intentionally created for me such intolerable conditions with the knowledge of the investigators. I am sure that the only possible way for me to end up with all this derision is to agree to the invented charges and give untrue statements about myself and about other persons. I do not trust the investigators. I believe all members of the investigatory team are acting as contractors under someone's criminal order. I do not recognize any guilt on my part, I did not commit any crimes at all and did not commit any crimes that I am accused of in the order for my accusation of October 7, 2009.” Five days prior to his death, on November 11, 2009, Mr Sergei Magnitsky filed a complaint against the acts of the law-enforcement authority officers, who had forged materials in his criminal case to continue his illegal criminal persecution. In his complaint Sergei Magnitsky stated his firm intent to bring the said officers to justice. None of these actions of willful torture made by the state officers against Mr Sergei Magnitsky (i.e. creating intolerable detention conditions in the pre-trial detention center; causing him physical and mental suffering; forcing him to give false testimonies against himself and his client; punishing him to force him to revoke his testimonies against the officers of the Interior Ministry, whom he accused of participating in the theft of the state budget funds and who took revenge and organized his arrest and orchestrated the investigation process; and being members of the investigatory group in his so called “case” (which by itself is a gross violation of the law)) have become a subject for investigation by the competent law-enforcement authorities. They are merely content to recognize negligence on the part of some particular officers from the prison administration. International legal obligations undertaken by the Russian Federation require a careful investigation of the facts proving the torture used by the law-enforcement officers. In accordance with Article 12 of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: “Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committee in any territory under its jurisdiction.” In this regard, taking into consideration all the facts, this serves as a legal basis that the officers of the Investigative Committee of the Ministry of Internal Affairs of the Russian Federation – Major Silchenko O.F. (the head of the investigation team) and the officers: Kuznetsov А.К., Droganov, Tolchinsky and Krechetov (the members of Page 7 (of 10)

the investigation team) – who investigated the criminal case against Mr Magnitsky S.L., used torture against him (i.e. by their instruction and with their direct knowledge, willfully intolerable conditions were created for the late Mr Magnitsky in the pre-trial detention centers causing him physical and mental suffering; by way of continuously worsening his detention conditions; by exerting pressure on him; by denying necessary medical assistance). This was revenge for his testimonies given against officers Lt Colonel Kuznetsov A.K. and Major Karpov P.A., and used for the purpose of obtaining from him false testimony against himself and his clients. I request you in accordance with articles 140-141 of the Criminal Procedural Code of the Russian Federation to consider initiating criminal proceedings against the investigator of the Investigative Committee of the Ministry of Internal Affairs of the Russian Federation Major Silchenko O.F., officers Lt Colonel Kuznetsov A.K., Lt Colonel Droganov, Capitan Tolchinsky and Capitan Krechetov, based their use of torture, resulting in the death of Mr Sergei Magnitsky, and to proceed with a full scale investigation of them in accordance with the requirements of the said Convention and Russian legislation. The said officers of the Investigative Committee of the Interior Ministry of the Russian Federation and the officers of the Ministry of Interior were directly involved in the persecution of an innocent person – Mr Sergei Magnitsky, who earlier provided accusatory testimonies against them. The criminal actions of those officers could be qualified under the following articles: article 299 of the Criminal Code of Russia “Illegal persecution of an innocent person”; article 301 of the Criminal Code of Russia “Illegal arrest, detention and persecution”; article 17 of the Criminal Code of Russia “Torture”; Article 302 of the Criminal Code of Russia “Forcing to testify” Article 285 of the Criminal Code of Russia “Abuse of official duties”, Article 105, sub-section “k” of the Criminal Code of Russia “Homicide committed for the purpose of hiding another crime or to facilitate such a crime to be committed”; and Article 105, sub-section “d” of Criminal Code of Russia “Homicide committed with extreme violence”.


I hereby draw your attention to the fact that after public attention was drawn to this matter, criminal case No. 366795 was initiated by investigatory department of the Preobrazhenskiy district Investigative Division of the Investigative Committee of the Russian Prosecutor's Office on the basis of the denial of medical attention and negligence by the officers of the pre-trial detention center in which Sergei Magnitsky was detained, in accordance with part 2, article 124 and part 2, article 293 of the Criminal Code of Russia, and it is now in progress but focusing only on the immediate causes of death. This investigation does not review any other material relating to a more serious crime committed by the officers of the Interior Ministry, including those officers of the Investigative Committee of the Interior Ministry of Internal Affairs and the Moscow Interior Ministry of Russia. Page 8 (of 10)

I request you to notify me about your decision within three days as provisioned by the Criminal Procedural Code of the Russian Federation, whether by post, fax or e-mail as stated below.

Chairman of the Moscow Helsinki Group Mrs Lyudmila Mikhailovna Alekseyeva Appendices: 1. Report of the POC on the findings of the review of the circumstances relating to Mr Sergei Magnitsky’s death; 2. Protocol of Mr Sergei Magnitsky’s interrogation as of June 5, 2008; 3. Protocol of Mr Sergei Magnitsky’s interrogation as of October 7, 2008; 4. Petition filed by Mr Sergei Magnistsky for challenging the group of investigators dated June, 2009; 5. Complaint filed by Mr Sergei Magnitsky to investigator Silchenko O.F. in relation to pressure exerted on Mr Sergei Magnitsky by the investigators for the purpose of forcing him to give false testimony, dated 11 September, 2009; 6. Application of Mr Sergei Magnitsky filed into the investigative protocol as of October 13, 2009; 7. Application of Mr Sergei Magnitsky on the forgery of evidence dated November 11, 2009; 8. Protocol of the search conducted in the home of Mr Sergei Magnitsky; 9. Order for Mr Sergei Magnitsky arrest; 10. Order for Lt Colonel Kuznetsov A.K. and his subordinates be included into the group of investigators; 11. Complaint of Mr Sergei Magnitsky on the subject of his detention conditions and on the subject of the denial of the medical assistance; 12. Application filed by Mr Sergei Magnitsky on the subject of the pressure exerted on him during his transfer to the pre-trail detention center dated February 2009; 13. Article by Mrs Zoya Svetova in “The New Times” newspaper; 14. Article by Mrs Evgeniya Albatz in “The New Times” newspaper; 15. Resolution of the Parliamentary Assembly of the Council of Europe; 16 Declaration by the International Bar Association; 17. Application filed by Mr Paul Wrench with the Investigative Committee of the Prosecution Office of the Russian Federation, dated 3 December 2007; Page 9 (of 10)

18. Application filed by Mr Neil Micklethwaite with the Investigative Committee of the RF Prosecutor’s office, dated 13 October 2009;. 18. Article published in “Vedomosti” newspaper dated July 28, 2008; 19. Complaint filed by lawyers of Mr Sergei Magnitsky against his illegal arrest.

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