Wednesday, August 5, 2020

Punishment for Human Rights' Abuses

Like two aspirins for those whose heads ache, because they feel powerless to do anything about unspeakable human rights' violations, the concept of Magnitsky laws is a cure. These laws impact the individuals and organizations responsible for inhuman abuses, who often seem to escape prosecution, to accummulate fortunes by leveraging their high-level contacts and to laundeer and stash their wealth in safe havens throughout the world. Countries, including the US, UK, Canada, the Baltics and members of the European Union, enact a version of the Magnitsky law to freeze accounts of those responsible for human rights' abuses, thereby preventing them from financing their anticipated luxurious lifestyles. While the laudible aim of Magnitsky laws and fate of Sergei Magnitsky are well known, some details are disputed. Mr. Magnitsky, a 37-year-old tax expert, sometimes represented as an attorney, worked for Bill Browder's London-based Hermitage Capital Management investment firm. When Browder's Russian investments in state-owned corporations, especially Gazprom, prospered, he appears to have involved Magnitsky in a scheme to limit his tax liability by claiming a discount for employing disabled workers firms did not employ. In connection with an investigation two Moscow police officers made into Broder's alleged $230 million tax fraud case, Magnitsky ended up in a Russian prison, where a doctor discovered he needed pancreatic surgery he never received. Magnitsky died in prison on November 16, 2009. Mr. Browder effectively tells the story that the two police officers who initiated the tax fraud investigation were responsible for Magnitsky's death. In any case, the US Department of the Treasury's Office of Foreign Assets Control (OFAC) maintains a list of Specially Designated Nationals (SDN) sanctioned under various laws, including the Global Magnitsky Act of 2012. On Friday, August 7, 2020, the OFAC list added 11 Hong Kong officials for undermining autonomy guarantees and restricting freedom of expression or assembly. In mid-July, 2020, the UK's Global Human Rights Sanctions Regulations imposed asset freezes and travel bans on: - 25 Russian officials implicated in Magnitsky's death - 20 senion Saudi intelligence officials allegedly involved in the murder of journalist Jamal Khashoggi - 2 Myanmar generals connected to ethnic Rohingya autrocities - 2 North Korean organizations that run the concentration camps for political prisoners The UK's sanctions regulations provide review provisions.

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