“I will definitely present my evidence to the Council.”

The answer of the lawyer Andrey Alekseevich Pavlov to the publication “The European Parliament adopted the Magnitsky list”

The editors of Novaya Gazeta always, following the norms of the law and the norms of journalistic ethics, grant the right to reply to persons or organizations whose interests are affected by our publications. Proceeding from this principle, we are publishing verbatim the letter of the lawyer Andrei Pavlov, who was repeatedly mentioned in the media, including in our newspaper, in connection with the investigation of the Magnitsky case.

At the address, I got acquainted with the publication of your edition of April 3, 2014, reporting the news about the adoption by the session of the European Parliament of a document on the introduction of officials involved in crimes against S.L. Magnitsky.

The publication (in two places) also mentions me, my date of birth is indicated, and there are suspicions or accusations of illegal actions by me, namely:

- “Klyuev Dmitry, born August 10, 1967: businessman, banker, was the owner of the UBS bank, to whose accounts the stolen money was transferred. Magnitsky believed that it was he and his lawyers (Pavlov) who were behind the whole scheme of stealing money in the interests of third parties.”

- “Pavlov Andrey, born August 7, 1977: a lawyer who, like Mayorova, served the interests of those involved in the theft of money from the budget. According to Magnitsky, he also knew about the illegality of these transactions.”

It clearly follows from the publication that, based on the decision taken by the European Parliament, I am one of "32 individuals who, according to European deputies, are directly responsible for the death of lawyer Magnitsky."

This publication, of course, negatively affects my reputation and defames me in the eyes of the public. Nevertheless, despite my attitude towards it, the publication would be fair if it were accurate and at least relatively accurate in relation to the event described, or if it was in the form of an opinion or assessment. However, the article tells about specific facts that are stated incorrectly.

Thus, from the official statement of the European Parliament, it follows that the list of persons to be sanctioned includes only officials responsible for the torture and death of the Russian lawyer Sergei Magnitsky, for the legal concealment of this, and also for the subsequent persecution of his mother and widow. At the same time, in the documents of the European Parliament, the expression death (death), and not murder (murder or kill) is used.

I am not an "official".

I have not been accused or suspected by anyone, including the propaganda campaigner Mr. William Felix Browder, of involvement in (1) the torture and death (not to mention the murder) of Sergei Leonidovich Magnitsky, (2) concealing these facts, or (3 ) persecution of the mother and widow of the deceased.

The text of the official information messages about the preparation of the decision of the European Parliament, its adoption and the decision itself, does not at all indicate my specific actions that served as the basis for including me in the list of persons against whom it is proposed to impose sanctions.

Your publication published suspicions or accusations against me, received not from the European Parliament, but from another, supposedly private, source. These suspicions or allegations have not been verified by the competent European institutions (authorities), but this important circumstance is not mentioned in the publication.

In addition, the draft list of persons against whom sanctions may be imposed was presented and signed by the member of the European Parliament Kristina Ojuland (formerly Averyanova), an MP from Estonia, whose reputation is very doubtful. You can read more about Mrs. Ojuland here, here and here.

Given these circumstances, Ms. Kristina Ojuland's proposals must be carefully checked and cannot be taken on faith. During the plenary voting, the proposed draft resolution was not checked by the members of the European Parliament, but was adopted as a whole.

It follows from your publication that 32 individuals, including myself, "according to European deputies, are directly responsible for the death of lawyer Magnitsky."

However, in reality, members of the European Parliament “request that the following Russian officials, among others, be placed on the list)”, while “the decision on the adoption of such a list should be taken by the Council of the EU (The decision for establishing such a list should be taken by the EU Council)."

To avoid ambiguity, I want to express explicitly that I

- I am not a "lawyer of Dmitry Klyuev";

- I am not “behind the whole scheme of stealing money in the interests of third parties”;

With regard to the opinion of a private individual cited in the publication that:

“Magnitsky believed that it was he and his lawyers (Pavlov) who were behind the whole scheme of stealing money in the interests of third parties”;

- “Pavlov Andrey, born August 7, 1977: a lawyer who, like Mayorova, served the interests of those involved in the theft of money from the budget. According to Magnitsky, he also knowingly knew about the illegality of these transactions,” I ask you to consider the following.

The deceased Sergei Leonidovich Magnitsky did not apply for initiation of a criminal case against me either before or after he was charged and taken into custody.

Two protocols of interrogation and one explanation of S.L. Magnitsky are known. dated 05 June 2008, 07 October 2008 and 24 February 2009. In none of them does he point to the theft of funds from the budget, does not accuse me of being involved in this, but explains the illegality of the transfer of rights to a number of Russian companies and the illegality of representing their interests in courts by 4 lawyers, among whom he mentions me.

S.L. Magnitsky is not a lawyer, but was an auditor.

The fact of embezzlement of money from the Russian budget to law enforcement agencies was reported not by S.L. Magnitsky, but by the lawyer of the city of Moscow, Eduard Myansurovich Khairetdinov, presenting a statement signed by Mr.

No one suspected or accused of committing an offense or crime may be deprived of the right to defend himself, present his arguments, explanations, evidence and objections. The competent authority responsible for verifying the validity of suspicions and allegations and imposing sanctions is the European Council. Despite my lack of real estate or cash accounts in the EU, I will certainly present my explanations and evidence to the Council and will legally defend against being included in the sanctions list as a result of errors or intentional actions on the wrong suspicion or accusation.

In view of the foregoing, I consider it necessary to exercise the right of reply provided for in Art. 46 of the Law of the Russian Federation "On the Mass Media" and I ask you to publish it in the nearest printed edition "Novaya Gazeta", as well as post the text of this appeal on the website. I would be glad if, for the sake of objectivity, you make the documents I have attached available to your readers on your website.

I am ready to answer your questions and provide additional comments, if necessary.

Application:

record of the interrogation of witness Magnitsky S.L. dated June 05, 2008;
a statement of initiation of criminal proceedings signed by Paul Rench and filed by lawyer E.M. Khairetdinov dated July 23, 2008;
explanation of Magnitsky S.L. dated October 07, 2008;
record of the interrogation of witness Magnitsky S.L. dated February 24, 2009.

April 09, 2014

A.A. Pavlov