Oireachtas Joint and Select Committees

Wednesday, 1 May 2013

Joint Oireachtas Committee on Foreign Affairs and Trade

The Case of Mr. Sergei Magnitsky: Motion (Resumed)

The following motion was moved by Senator Jim Walsh on Tuesday, 6 March 2012: That the Joint Committee on Foreign Affairs and Trade –- noting that the Russian lawyer, Mr. Sergei Magnitsky, died on 16 November 2009 at the age of 37, after being systematically denied medical care and beaten by riot guards with rubber batons in a Russian pre-trial detention centre, after he uncovered and exposed a major corruption scandal in Russia; and - noting the passage in December 2012 of the U.S. Magnitsky Law, the European Parliament Report into establishing common visa restrictions for Russian officials involved in the Mr. Sergei Magnitsky case, the OSCE Parliamentary Assembly resolution and the Parliamentary Assembly of the Council of Europe Written Declaration, all calling for visa sanctions for the perpetrators of this crime; - calls on the Government to impose an Irish Magnitsky Law which would:- publicly list the names, - deny visas into Ireland, and - freeze any assets found in Ireland,of Russian government officials and others who -- were responsible for the false arrest, torture and death of Mr. Sergei Magnitsky, - perpetrated or financially benefited from the crimes that Mr. Sergei Magnitsky uncovered and exposed, and-or - participated in the cover up of those responsible for those crimes;- calls for the Irish Magnitsky law to be imposed against all other gross human rights violators; - calls on the Government to use its Presidency of the Council of the European Union to impose EU-wide visa sanctions as called for by the European Parliament. Debate resumed on amendment No. 1:To delete all words after “Foreign Affairs and Trade” and insert - “- noting the tragic and untimely death in undisclosed and mysterious circumstances on 16th November 2009 of Mr Sergei Magnitsky, then aged 37; - the passage of resultant legislation in other jurisdictions; and - the discussions in the European Parliament, the OSCE and the Council of Europe arising therefrom; - calls on the Government to –- liaise with the Russian authorities with a view to seeking reassurance in relation to compliance with international human rights legislation; - ensure that any issues arising are fully investigated and a report provided for perusal by the international community; and - calls on the Government to use its Presidency of the Council of the European Union to highlight its concern and that of the international community at the issues surrounding Mr. Magnitsky's death and the reiteration of its resolve to ensure a full and final report into the circumstances of the case.”.- (Deputy Bernard Durkan).