Madam Speaker, I want to thank the distinguished ranking member of the Foreign Affairs Committee for all of his efforts and support on this and on so many other issues. It is a privilege to serve…
Madam Speaker, I want to thank the distinguished ranking member of the Foreign Affairs Committee for all of his efforts and support on this and on so many other issues. It is a privilege to serve with him. I also want to thank the chairwoman of the Foreign Affairs Committee, Ileana Ros-Lehtinen. Both of these individuals are responsible for making sure the final version of the Magnitsky Act included in this bill is strong, workable, and precedent-setting. It is a major piece of human rights legislation, and I am very, very grateful for their leadership.
Madam Speaker, today is the third anniversary of the death of Sergei Magnitsky, in whose honor title IV of this bill is named. He died on November 16, 2009, after enduring torture and beatings while being imprisoned for blowing the whistle on the largest tax fraud in Russian history. He did the right thing, and he paid for it with his life at the hands of brutal and corrupt Russian officials. His case remains in impunity.
Yet, under title IV of this bill, the United States will not stand by silently and let his killers and abusers and those who covered up these crimes get away with it. Those identified as responsible for these crimes will be named, their assets frozen, and a visa ban imposed.
We won't be acting alone. On September 26, the European Parliament unanimously adopted a resolution recommending that the European Union establish a common list of officials responsible for the death and cover-up of Sergei Magnitsky and to impose an EU-wide visa ban on these officials and freeze any financial assets they may hold inside the European Union.
Let me be perfectly clear. This bill is not simply about the case of Sergei Magnitsky. It applies to all of those who engage in gross human rights violations or corruption. It is precedent-setting human rights legislation. The House should be proud of what it is accomplishing today for human rights and the rule of law for the Magnitsky family, for the Russian people, for honorable Russian officials, and for human rights defenders inside and outside Russia.
Because this bill includes the Magnitsky Act, I urge my colleagues to vote for H.R. 6156 and would like to insert the European Parliament's report and an article from the American Enterprise Institute in the Record at this point.
Report With a Proposal for a European Parliament Recommendation to the Council on Establishing Common Visa Restrictions for Russian Officials
Involved in the Sergei Magnitsky Case
proposal for a european parliament recommendation to the council on establishing common visa restrictions for russian officials involved in
the sergei magnitsky case (2012/2142(INI))
The European Parliament, having regard to Article 215 of
the TFEU, having regard to the proposal for a recommendation
to the Council by Guy Verhoefstadt and Kristiina Ojuland, on
behalf of the Aide Group (B7-0196/2012), having regard to its
resolution of 17 February 2011 on the rule of law in Russia,
having regard to its resolution of 16 December 2010 on the
Annual Report on Human Rights in the World 2009 and the
European Union's policy on the matter, having regard to its
resolution of 14 December 2011 on the upcoming EU-Russia
Summit on 15 December 2011 and the outcome of the Duma
elections on 4 December 2011, having regard to its
recommendation of 2 February 2012 to the Council on a
consistent policy towards regimes against which the EU
applies restrictive measures, having regard to the adoption
of the Sergei Magnitsky Rule of Law Accountability Act by the
US Senate's Foreign Relations Committee on 26 June 2012,
seeking to impose visa bans and asset freezes on Russian
officials allegedly involved in the detention, abuse and
death of Sergei Magnitsky, having regard to the draft
resolution entitled `Rule of law in Russia: case of Sergei
Magnitsky', which was presented to the 2012 annual session of
the OSCE Parliamentary Assembly, calling on national
parliaments to take action to impose visa sanctions and asset
freezes, having regard to Rule 121(3) of its Rules of
Procedure, having regard to the report of the Committee on
Foreign Affairs (A7-0285/2012),
A. whereas the arrest, conditions of detention and
subsequent death in custody of Sergei Magnitsky represent a
well documented and substantial case of disrespect for
fundamental human rights;
B. whereas the posthumous prosecution of Sergei Magnitsky
is a violation of international and national laws and clearly
shows the malfunctioning of the Russian criminal justice
system;
C. whereas the Russian Federation, as a member of the
Council of Europe and of the Organisation for Security and
Cooperation in Europe, has committed itself to fully
respecting fundamental rights and the rule of law, and
whereas the European Union has repeatedly offered additional
assistance and expertise to help the Russian Federation
modernise, and abide by, its constitutional and legal order;
D. whereas, despite the 2011 conclusions of the inquiry
conducted by the Russian President's Human Rights Council on
the illegality of Sergei Magnitsky's arrest, detention and
being denied access to justice, the investigations are
stalled and the officials involved have been exonerated and
even assigned to the posthumous case; whereas such actions on
the part of the authorities demonstrate the politically
motivated nature of Magnitsky's prosecution;
E. whereas the European Union has urged the Russian
authorities on many occasions and formats, from regular human
rights consultations to summit-level meetings, to conduct
thorough independent investigations in this special, well
documented case, and to put an end to the current climate of
impunity;
F. whereas the case of Sergei Magnitsky is only one but the
most prominent and well documented case of abuse of powers by
the Russian law enforcement authorities, heavily violating
the rule of law; whereas a multitude of other juridical cases
exist using systematically the pretext of economic crimes and
alleged corruption for eliminating business competitors or
political rivals;
G. whereas visa restrictions and other restrictive measures
are not traditional judicial sanctions per se, but constitute
a political signal of the EU's concern to a larger target
audience and thus remain a necessary and legitimate foreign
policy tool;
H. whereas EU sanctions on the Magnitsky case could prompt
the Russian authorities to make genuine and fresh efforts to
address, in a more concrete and convincing manner, the
question of the rule of law in Russia and the current climate
of impunity;
I. whereas several national parliaments of EU Member
States--among them Italy, the Netherlands, the United
Kingdom, Sweden and Poland--have already passed resolutions
urging their governments to introduce sanctions on the
Magnitsky case, while several other national parliaments,
such as those in Portugal, France, Spain and Latvia, are at
the initial drafting stage for such resolutions;
1. Addresses the following recommendations to the Council:
(a) to establish a common EU list of officials responsible
for the death of Sergei Magnitsky, for the subsequent
judicial cover-up and for the ongoing and sustained
harassment of his mother and widow;
(b) to impose and implement an EU-wide visa ban on these
officials and to freeze any financial assets they or their
immediate family may hold inside the European Union;
(c) to call on Russia to conduct a credible and independent
investigation encompassing all aspects of this tragic case,
and to bring all those responsible to justice;
(d) to urge the Russian authorities to put an end to the
widespread corruption and to reform the judicial system, and
bring it into line with international standards, by creating
an independent, just and transparent system that cannot,
under any circumstances, be misused for political reasons;
(e) to raise, in the course of bilateral meetings with
Russian authorities, this issue as well as the issue of
intimidation and impunity in cases involving human rights
defenders, journalists and lawyers, in a more determined,
resolute and result-oriented manner;
2. Encourages the Council to take a coherent and proactive
stance on other serious
human rights violations in Russia, on the basis of well
documented, converging and independent sources and convincing
evidence, and to introduce similar restrictive measures
against offenders as a last resort measure;
3. Underlines that the commitment of the Russian
authorities to basic values such as the rule of law, and
respect for human rights and basic freedoms, remains the main
prerequisite for EU-Russia relations and for the development
of a stable and reliable partnership between the two parties;
4. Instructs its President to forward this recommendation
to the Council and, for information, to the Commission, the
Member States, the Russian State Duma and the Government of
the Russian Federation.
proposal for a recommendation B7-0196/2012
The European Parliament, having regard to Article 215 of
the TFEU, having regard to the European Parliament
recommendation to the Council on a consistent policy on
restrictive measures, adopted on 2 February 2012, having
regard to the decision by the United States to impose travel
restrictions on 60 officials involved in the Sergei Magnitsky
case and to similar considerations in a number of other
countries, having regard to Rule 121(1) of its Rules of
Procedure,
A. whereas the arrest and subsequent death in custody of
Sergei Magnitsky represents a well documented and substantial
case of disrespect for fundamental human rights in Russia,
and serves as a chilling reminder of the many documented
shortcomings in the respect shown for human rights and
fundamental freedoms in Russia;
B. whereas Russia, as a member of the Council of Europe,
has committed itself to fully respecting fundamental rights
and the rule of law, and whereas the European Union has
repeatedly offered additional assistance and expertise to
help Russia modernise, and abide by, its constitutional and
legal order, in line with Council of Europe standards;
C. whereas there is an increasing need for a firm, robust
and comprehensive EU policy towards Russia, offering support
and assistance backed up by firm and fair criticism,
including sanctions and restrictive measures when needed;
D. whereas visa restrictions and other restrictive measures
are not traditional judicial sanctions per se, but constitute
a political signal of the EU's concern to a larger target
audience and thus remain a necessary and legitimate foreign
policy tool;
1. Addresses the following recommendations to the Council:
(a) to establish a common EU list of officials responsible
for the death of Sergei Magnitsky, for the subsequent
judicial cover-up and for the ongoing and sustained
harassment of his mother and widow;
(b) to impose and implement an EU-wide visa ban on these
officials and to freeze any financial assets they or their
immediate family may hold inside the European Union;
(c) to call on Russia to conduct a credible and independent
investigation encompassing all aspects of this tragic case;
2. Instructs its President to forward this recommendation
to the Council and, for information, to the Commission, the
Member States, and the State Duma and Government of Russia.
Madam Speaker, I would like to enter into a colloquy with the majority and minority floor managers--the gentleman from Indiana (Mr. Burton) and the gentleman from California (Mr. Berman)-- just to clarify the congressional intent regarding the use of the classified annex mentioned in section 404(c)(2) of H.R. 6156.
Section 404 of the bill would hold accountable Magnitsky's killers and other human rights violators by placing targeted sanctions on them. In particular, the bill imposes a visa ban and asset freeze on individuals responsible for participating in or for covering up Sergei Magnitsky's detention, abuse and death, and on individuals responsible for certain other gross violations of human rights. As part of that accountability, section 404 requires the President to publish a list of the people responsible for those particular abuses.
It is my understanding that the congressional intent behind title IV is for people subject to sanctions to be placed on an unclassified list in a transparent manner and that any classified annex may be used only as an exception and not the rule. The administration may list a person in the classified annex only if the President determines that it is absolutely vital to the national security interests of the United States and provides Congress with prior notice and justification.
I yield to the floor manager for the majority, Mr. Burton, such time as he requires to clarify his own understanding.
In reclaiming my time, I thank the gentleman.
I yield to the floor manager for the minority, Mr. Berman, such time as he requires to clarify his understanding.
In reclaiming my time, I thank the gentlemen for their assurances and clarifications.
I want to thank this Congress for their bipartisan support of this Magnitsky Act, which, I think, makes it clear that, if the United States of America stands for anything, we stand out loud and foursquare for human rights.