Estonian Authorities Have Traced $10 Million of Stolen Russian Government Money Uncovered by Sergei Magnitsky It was also reported that the Estonian authorities had found that ten different companies have been used to transfer the money, according to the Business TASS agency in Talinn ( http://www.biztass.ru/news/id/55661). According to the Estonian authorities, the money was wired via internet banking to various persons in other jurisdictions. “The uncovering of the trail of money is a substantial breakthrough in the investigation of the criminal conspiracy exposed by Hermitage and Sergei Magnitsky,” said Hermitage Capital representative. In total, $230 million that had been paid in taxes to the Russian government by the Hermitage Fund in 2006 was stolen the following year from the Russian treasury by a group of corrupt Russian officials working together with organized criminals. Sergei Magnitsky discovered and testified about the thefts and was subsequently arrested and killed in Russian police custody at the age of 37. Three years later, no one has been convicted for his death. For further information please contact: Hermitage Capital Phone: +44 207 440 1777 Email: info@lawandorderinrussia.org Twitter: @KatieFisher__ | Lithuania Freezes Bank Accounts and Joins Three Other European Countries in Launching Investigation into Magnitsky Case 21 January 2013 – The authorities of Lithuania have joined three other European countries in launching money laundering investigations into the funds stolen from the Russian treasury through a scheme exposed by late Hermitage Fund’s lawyer Sergei Magnitsky, according to Business Week magazine. The article quotes Donatas Puzinas, a Lithuanian prosecutor, on the investigation currently underway: “It’s quite complex analytical work,” Mr. Puzinas told Business Week. “The money generally is split up among several companies. Some of the money, after being transferred, goes back to the original account and then is transferred somewhere else,” said prosecutor Puzinas. Now authorities in four European countries - Switzerland, Cyprus, Latvia, and Lithuania – are investigating the trail of $230 million stolen money from the Russian budget through a sophisticated scheme involving Russian officials and criminals which has been exposed by Sergei Magnitsky. After Mr Magnitsky testified against officials involved, he was himself arrested and killed in Russian police custody. Through investigations carried out by Hermitage and a team of investigative journalists from the NGO, Organised Crime and Corruption Reporting Project, $130 million of the stolen $230 million have been traced to eight foreign jurisdictions. That information formed the basis for criminal complaints filed in those eight countries. For further information please contact: Hermitage Capital Phone: +44 207 440 1777 Email: info@lawandorderinrussia.org Twitter: @KatieFisher__ | UN High Commissioner for Human Rights expresses deep concern for Sri Lanka following removal of Chief Justice 18 January 2013 Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville Location: Geneva The UN High Commissioner for Human Rights Navi Pillay is deeply concerned that the impeachment and removal of Sri Lanka’s Chief Justice has further eroded the rule of law in the country and could also set back efforts for accountability and reconciliation. The removal of the Chief Justice through a flawed process -- which has been deemed unconstitutional by the highest courts of the land -- is, in the High Commissioner’s view, gross interference in the independence of the judiciary and a calamitous setback for the rule of law in Sri Lanka. Chief Justice Shirani Bandaranayake was served notice of her dismissal and removed from her chambers and official residence on Tuesday (15 January), in spite of a Supreme Court ruling that the parliamentary procedure to remove her violated the Constitution. Sri Lanka has a long history of abuse of executive power, and this latest step appears to strip away one of the last and most fundamental of the independent checks and balances, and should ring alarm bells for all Sri Lankans. The jurist sworn in by the President as the new Chief Justice on 15 January, the former Attorney-General and Legal Advisor to the Cabinet, Mr. Mohan Peiris, has been at the forefront of a number of government delegations to Geneva in recent years to vigorously defend the Sri Lankan government’s position before the Human Rights Council and other human rights mechanisms. This raises obvious concerns about his independence and impartiality, especially when handling allegations of serious human rights violations by the authorities. We are also concerned that the impeachment process has caused bitter divisions within Sri Lanka, and that it sends an ominous signal about the Government’s commitment to accountability and reconciliation. It flies in the face of the strong calls by the Lessons Learned and Reconciliation Commission, and by leaders of Sri Lanka’s civil society and legal profession, to rebuild the rule of law which has been badly eroded by decades of conflict and human rights violations. Just this morning we have received alarming reports from the Independent Bar of Sri Lanka of a series of death threats, acts of intimidation and even a couple of reported murder attempts against lawyers who have been supporting Chief Justice Bandaranayake, and the rulings of the Supreme Court and Court of Appeal on her case. The High Commissioner will be issuing a report on Sri Lanka at the February-March session of the Human Rights Council, focusing on the engagement of UN mechanisms in support of the accountability and reconciliation processes. | UN High Commissioner for Human Rights expresses deep concern for Sri Lanka following removal of Chief Justice 18 January 2013 Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville Location: Geneva The UN High Commissioner for Human Rights Navi Pillay is deeply concerned that the impeachment and removal of Sri Lanka’s Chief Justice has further eroded the rule of law in the country and could also set back efforts for accountability and reconciliation. The removal of the Chief Justice through a flawed process -- which has been deemed unconstitutional by the highest courts of the land -- is, in the High Commissioner’s view, gross interference in the independence of the judiciary and a calamitous setback for the rule of law in Sri Lanka. Chief Justice Shirani Bandaranayake was served notice of her dismissal and removed from her chambers and official residence on Tuesday (15 January), in spite of a Supreme Court ruling that the parliamentary procedure to remove her violated the Constitution. Sri Lanka has a long history of abuse of executive power, and this latest step appears to strip away one of the last and most fundamental of the independent checks and balances, and should ring alarm bells for all Sri Lankans. The jurist sworn in by the President as the new Chief Justice on 15 January, the former Attorney-General and Legal Advisor to the Cabinet, Mr. Mohan Peiris, has been at the forefront of a number of government delegations to Geneva in recent years to vigorously defend the Sri Lankan government’s position before the Human Rights Council and other human rights mechanisms. This raises obvious concerns about his independence and impartiality, especially when handling allegations of serious human rights violations by the authorities. We are also concerned that the impeachment process has caused bitter divisions within Sri Lanka, and that it sends an ominous signal about the Government’s commitment to accountability and reconciliation. It flies in the face of the strong calls by the Lessons Learned and Reconciliation Commission, and by leaders of Sri Lanka’s civil society and legal profession, to rebuild the rule of law which has been badly eroded by decades of conflict and human rights violations. Just this morning we have received alarming reports from the Independent Bar of Sri Lanka of a series of death threats, acts of intimidation and even a couple of reported murder attempts against lawyers who have been supporting Chief Justice Bandaranayake, and the rulings of the Supreme Court and Court of Appeal on her case. The High Commissioner will be issuing a report on Sri Lanka at the February-March session of the Human Rights Council, focusing on the engagement of UN mechanisms in support of the accountability and reconciliation processes. | Steven Kay QC issues further Legal Review of the 100 Series RUF to counter piracy. The newly issued Legal Review emphasises as a universal norm the objective standard of the 100 Series RUF when considering measures of self-defence for security personnel faced with an attack by pirates. | "Bangladesh: Find Abducted Witness", Human Rights Watch Human Rights Watch have repeated calls for the Bangladesh authorities to "immediately explain what actions they have taken to locate Shukho Ranjan Bali, a witness who defense lawyers and witnesses say was abducted from the gates of the war crimes courthouse in Dhaka on November 5, 2012." Human Rights Watch previously raised similar concerns regarding Bali's disappearance over 2 months ago on 13 November 2012. Bali was attending court on 5 November 2012 to testify on behalf of the Defence before he was allegedly abducted at the gates of the Tribunal. Witnesses to the event have stated that "a white van marked "Police"... allegedly drove up from inside the tribunal premises [whilst]...10 to 12 uniformed regular police were at the gates of the tribunal at the time... officers slapped Bali several times around the face and head, and forced him into the van. The van then drove off. Bali has not been seen or heard from since." Today, Brad Adams, Asia Director at Human Rights Watch, highlighted the seriousness of this incident: "An allegation of an abduction is of the utmost seriousness since the person abducted is at great risk of being killed...The government should have immediately mobilized all available resources to find Bali, but has done nothing, making it appear at best indifferent to the welfare of one of its citizens." Following the abduction of Bali, the International Crimes Tribunal in Dhaka ordered the Prosecution, but not the police, to investigate the claim and accepted the Prosecution’s response a few hours later that the entire episode had been fabricated by the Defence. This was despite Justice Nizamul Huq, then the Chairman of the Trial Chamber sitting on the case, acknowledging to Human Rights Watch that "this was not the normal practice in Bangladesh and provided no legal or practical reason for this decision." Justice Huq has since resigned as Chairman of the International Crimes Tribunal following publication by The Economist of intercepted email and phone conversations showing that there was prohibited contact between the Chairman, members of the Prosecution, Government officials and external advisors. The reaction by the former Chairman has prompted Human Rights Watch to conclude that the Tribunal's efforts so far are woefully unsatisfactory: "Asking an interested party in a case, namely the prosecution, to inquire into the abduction of a hostile witness and then simply accepting its answer, is not a serious response," Adams said. "We expect the government and its law enforcement agencies to mount an urgent, serious, and politically independent investigation to find Bali." For the full statement and circumstances surrounding the abduction of Shukho Ranjan Bali, please click here. For Human Rights Watch's previous statement, click here. | Steven Kay QC issues further Legal Review of the 100 Series RUF to counter piracy. The newly issued Legal Review emphasises as a universal norm the objective standard of the 100 Series RUF when considering measures of self-defence for security personnel faced with an attack by pirates. | 9 Bedford Row International to hold Counter Piracy Conference 8 February 2013 Event: Counter Piracy Conference 9 Bedford Row International Date: Friday 8th February 2013 Location: HQS Wellington, Victoria Embankment, London, WC2R 2PN “Rules for the Use of Force – Counter Piracy: International Legal Conference” will thoroughly explore the legal aspects of establishing a concise and clear benchmark set of rules that can be used by Privately Contracted Armed Security Personnel in the maritime domain to defend themselves and their clients. The conference will be hosted by the Security Association for the Maritime Industry, the International Group at 9 Bedford Row, London with Barrister and author of the 100 Series Rules - David Hammond. This high profile event brings together Maritime Lawyers, flag States, International Shipping Associations, Insurance and P&I Clubs, PMSCs (Legal & Compliance /Operations Managers) and other interested parties. - Overview of the 100 Series and development (David Hammond)
- Criminal Legal Review of the 100 Series and the test for acts in lawful self defence to protect merchant ships (Steven Kay QC)
- Commercial Overview (Stephen Askins - Ince & Co)
- Academic Comment – (Douglas Guilfoyle)
- Scenario Based Briefing
- Panel discussion
- Chairman’s Roundup
| Hamburg Conference Combating Piracy 22-25 April 2013 The Briefing paper on the origins of the 100 Series RUF and the Legal Review of the 100 Series RUF by Steven Kay QC and Peter Glenser of 9 BRi has been posted as part of the resources for the 14th Annual Conference in Hamburg. | Ousted Sri Lankan Chief Justice issues leaving statement On 15 January 2013, the President of Sri Lanka swore in former Attorney-General, Mr Mohan Pieris, to replace the ousted Chief Justice Dr Bandaranayake. The choice of Mr Pieris has been greeted with obvious concern from local critics and the international community. He is viewed by many as malleable to the will of President Rajapaksa; he is known to be involved in the business affairs of the Rajapaksa family and to be very loyal to the President. The International Commission of Jurists has stated that his appointment raises serious concerns about the future of the rule of law and accountability in the country and expressed alarm at his lack of independence. Sam Zarifi, the ICJ’s Asia director, wrote “During his tenure as Attorney-General and the government’s top legal advisor Mohan Peiris consistently blocked efforts to hold the government responsible for serious human rights violations and disregarded international law and standards”. Dr Bandaranayake has rejected Mr Pieris’ appointment as illegal, a view which is supported by the Sri Lankan Supreme Court and Court of Appeal, and deplored the Government’s undermining of the rule of law in Sri Lanka. Her full leaving statement is transcribed here: “I am the 43rd Chief Justice of the Democratic Socialist Republic of Sri Lanka. As the Chief Justice, I have an obligation and an unwavering duty towards the judges, lawyers and the citizens at large of my country. I stand here before you today having been unjustly persecuted, vilified and condemned. The treatment meted out to me in the past few weeks, was an ordeal no citizen let alone the Chief Justice of the Republic should be subjected to. The 32 years of continuous service at the University of Colombo and the Supreme Court, during my 54 year lifespan, I have rendered in varying capacities towards my motherland, is rewarded unfortunately, in this unjust manner. Though I was accused and arbitrarily convicted by the Parliamentary Select Committee, I have been vindicated in the bastions of the law. I take solace in the fact that, the due process and the rules of natural justice of which I was and continue to be an advocate and a firm believer, have been upheld by the superior courts of this country. The Supreme Court, acknowledged by the Hon. Speaker as having the sole and exclusive jurisdiction in interpreting matters relating to the Constitution, in its recent interpretation, unequivocally declared that the PSC and its proceedings therein were unconstitutional and illegal. Moreover, a Writ of Certiorari was issued by the Court of Appeal quashing the findings of the PSC. Therefore, the decisions of the PSC are ultra-vires, null and void and have no force or validity in law. In the circumstances, in my country which is a democracy, where the rule of law is the underlying threshold upon which basic liberties exist, I still am the duly appointed legitimate Chief Justice. It is not only the office of Chief Justice, but also the very independence of the judiciary, that has been usurped. The very tenor of rule of law, natural justice and judicial abeyance has not only been ousted, but brutally mutilated. I have suffered because I stood for an independent judiciary and withstood the pressures. It is the People who are supreme and the Constitution of the Republic recognizes the rule of law and if that rule of law had prevailed, I would not have been punished unjustly. The accusations levelled against me are blatant lies. I am totally innocent of all charges and had there been a semblance of truth in any allegation, I would not have remained even for a moment in the august office of the Chief Justice. I can stand before you today as the Chief Justice, a citizen and a human being, purely because of that very innocence. Since it now appears that there might be violence if I remain in my official residence or my chambers I am compelled to move out of my official residence and chambers particularly because the violence is directed at innocent people including judges, lawyers and committed members of the public. The 16 years I have spent in the Supreme Court have been dedicated to uphold the rights of the people in this country. I have always considered it my solemn duty to protect, to the best of my ability, the life and liberty of human beings and the rights of children and their education. I have always acted to that end. I thank all those who stood with me and the greater cause to fight for the independence of the judiciary. Even though I have not been meted out with justice today; time and nature will justify what I have done and what I and others who shared my beliefs have stood for. Many will come and many will go. What matters is not the person who is the incumbent custodian of this position. What matters is the continued existence of an independent judiciary. Thank you. Dr Shirani A. Bandaranayake The 43rd Chief Justice of the Democratic Socialist Republic of Sri Lanka 15 January 2013″ |
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