(CN) – The European Court of Human Rights ruled Tuesday that Russian prison guards, doctors and criminal investigators violated the human rights of Sergei Magnitsky, a 37-year-old tax expert and lawyer whose death in prison 10 years ago became a cause célèbre.
The court, based in Strasbourg, France, set out in chilling detail how Magnitsky was kept for months in brutal conditions inside Moscow prisons as he awaited trial on alleged tax evasion charges. He allegedly fell foul of Russian officials after he accused them of a massive fraud scheme.
In prison, Magnitsky suffered medical problems but received inadequate care, which led to his death in November 2009, the court found.
Considering the opinions of medical experts, the court determined it could not rule out the possibility that injuries found on Magnitsky’s body at the time of his death were caused by being struck by prison guards with truncheons.
“The Court considers that the injuries could have arguably been received as a result of beatings by prison officers,” it said in its ruling.
The court criticized Russian authorities for “discarding evidence which supported the allegation of ill treatment, such as the records on the use of a rubber truncheon.”
Magnitsky was a lawyer and tax accountant who worked for Bill Browder, a British financier who ran the Hermitage Capital hedge fund, the largest foreign investment fund in Russia at the time.
Magnitsky was also the head of the tax department at Firestone Duncan, a Moscow-based company that did legal, tax, accounting and audit services for foreign investors in Russia.
In May 2007, Interior Ministry officials opened a criminal investigation into alleged tax evasion committed by the head of Kameya Ltd., a client of Hermitage, and linked to Magnitsky's work.
Then, in July 2008, Magnitsky and Hermitage accused Russian officials of illegally transferring the ownership of three Hermitage subsidiaries and embezzling tax refunds worth $230 million.
Magnitsky became known among Western media as a whistleblower and anti-fraud crusader for investigating this alleged scheme.
After his accusations were made public, Magnitsky was arrested on Nov. 24, 2008, and accused of tax evasion. Officials alleged he was advising Browder on how to avoid paying taxes by hiring disabled sham employees.
While in prison, Magnitsky filed a complaint with the ECHR in June 2009, alleging he was being held in appalling conditions. He died on Nov. 16, 2009, a year after he entered the Russian prison system.
In his complaint, he also alleged that he was unlawfully being held in prison while awaiting trial. After his death, his wife and mother continued to pursue the case before the Strasbourg-based court.
On Tuesday, the court outlined the case in a lengthy judgment and unanimously ruled Russia committed multiple violations of Magnitsky’s human rights.
The court said Magnitsky was kept in dank and poorly lit cells where up to 15 other inmates were housed, and it added that he had no bunk to sleep in at times and that inmates were forced to use a lavatory pan with little privacy.