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On the course of a criminal investigation into the death of Sergei Magnitsky

The Investigative Committee of Russia in the framework of a criminal investigation into the death of Sergei Magnitsky has sent to the Prosecutor General’s Office of the Russian Federation a request to examine the legality and validity of actions and decisions of the Russian Interior Ministry investigators on the criminal case number 153123, investigated facts in respect of W. Browder and S.L. Magnitsky.

This request concerned the verification of circumstances of prosecution of Sergei Magnitsky by the Investigative Committee of the Ministry the Interior of the Russian Federation, that is, actions of the MOI investigator Oleg Silchenko, who had led this criminal case. In particular, the Investigative Committee of Russia asked the Prosecutor General's Office to give an opinion on compliance with the legal procedure and grounds to prosecute S.L. Magnitsky, to select a restraint against him, to prolong his detention and to consider complaints and petitions received from him.

Recently, the Investigative Committee has received a response from the Deputy General Prosecutor of the Russian Federation, according to which the MOI investigator O.F. Silchenko during prosecution of S.L. Magnitsky had not allowed any violations of the federal law, infringing the constitutional rights of participants of the criminal proceedings,.

Nevertheless, the Investigative Committee of Russia is continuing a criminal investigation into the death of Sergei Magnitsky. The investigation period, as previously reported, has been extended until 24 August 2011. This is due to the additional forensic examination to which leading experts in various fields of medicine are employed. In addition, the investigation is going to determine not only all the circumstances of Magnitsky’s death, but the circumstances and conditions of his detention, the extension of his arrest, etc., and also give them a legal assessment.