The National Authority for Prosecution of Organised and Other Serious Crime Att: Siri Frigaard, Regional Director Postboks 8044 Dep, 0030 Oslo, Norway Fax: + 47 23174210 Email:
[email protected] Oslo, 23 April 2014 Application for opening a criminal investigation of Russian Interior Ministry Officer Oleg Silchenko et. al. The Norwegian Helsinki Committee (NHC) hereby requests that Norway’s Prosecutorial Services open a criminal investigation into Russian citizen Oleg Silchenko for his role in the torture and killing of Russian tax lawyer Sergei Magnitsky in 2009. In addition, NHC requests investigations of the role of others, including Dmity Markov and Oleg Kuznetsov, in the torture and killing of Sergei Magnitsky. We propose that this investigation should be opened on the basis that Silchenko intentionally inflicted severe pain and suffering upon Sergei Magnitsky as defined under the Norwegian Penal Code (LOV 2005-05-20 nr 28, Sections 174 and 175) and the 1994 UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The investigation should be conducted in order for Norway to establish a preparedness to further investigate and prosecute the persons in case they enter Norwegian territory or otherwise appear within the reach of Norway’s jurisdiction. There are several reasons why investigating the case should be prioritised. Firstly, the torture and killing of Sergei Magnitsky was a crime of an extremely heinous character and it has gained a high profile internationally. Secondly, the crimes committed against Magnitsky are, for a case of conceived torture, unusually well-documented. Den norske Helsingforskomité, Kirkegata 5, 0153 Oslo Tel: (+ 47) 22 47 92 02 – Fax: (+ 47) 22 41 60 76 – Bankgiro: 5001 06 26061 Org.nr.: 959 196 451 – Hjemmeside: www.nhc.no Thirdly, The Magnitsky case is emblematic in that it represents an example of a wider problem of widespread corruption, torture and lack of justice in Russia.