From the 12 November 2009 Statement by Sergey Magnitskiy in Tverskoi District Court of Moscow

that sanctioned his continued detention without trial

“Part 1 of Article 19, and Part 3 of Article 123 of the Russian Constitution, and Article 15 of the
Criminal Procedural Code of Russia establish the principle of equality between the defence and
prosecution before the court. However, in contrast to the prosecutor who represents the accusing party, I
am placed in the courtroom in a cage that is similar to the cages used to keep wild animals. Placing me in
this cage violates my right to be treated like a human being, and shows no respect for my honour and
dignity, which is essential to any human being and which is guaranteed by Article 21 of the Constitution.
My right not to be subject to the inhuman and degrading treatment which undermines human dignity,
stipulated by Article 3 of the Convention on Human Rights and Fundamental Freedoms, has been
violated.”

“Earlier, when I was shown the materials, I was chained with one hand. I had to use another hand to turn
pages and make notes from them. This is simply a degrading abuse of human dignity. I request to be
provided with the materials in a manner that is prescribed by the Instructions for the Processing of
Information In Court Proceedings.”

“I would like to make a statement, namely that this proceeding violates the principle of equality
between the prosecution and defence, because no one has given me the opportunity to understand the
perspective of the Prosecutor and what this perspective is based upon.”

“Today new materials have been submitted [by investigators] to the court, and the court has accepted
them and rejected providing me and my lawyers with the time for the preparation of my defence that we
require following the review of these extra materials.

The Convention on Human Rights and Fundamental Freedoms stipulates the right to an adequate time
for the preparation of one’s defence. At the current time, my defence lawyers are not prepared to speak
at this hearing on the grounds I have stated. I believe that in such circumstances there is no possibility
for them to provide me with professional legal assistance and that is why I refuse to allow their
participation in today’s court hearing. Additionally, I myself refuse to participate in today’s court
hearing, because today I have prepared, instead, to take part in a court hearing based on a different
foundation. My right, which is affirmed by the Convention on Human Rights and Fundamental
Freedoms, for adequate time and facilities to prepare my defence has been brazenly violated, and all
petitions that I submitted to the court requesting that this right be ensured, have been simply ignored by
the court. That is why I am not going to speak today, and I refuse to take part in and listen to today’s
court hearing.”

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