A Nicosia District Court has ruled that Cyprus can cooperate with Russia in the case of British financier Billy Browder who had tried to stop Cypriot authorities acting on any legal request from Moscow.
In the application filed by his lawyer in Cyprus, Browder called for an interim decree prohibiting the Minister of Justice to execute a request for legal assistance from Russia, to investigate his activities in Cyprus until the completion of a lawsuit filed against the Republic of Cyprus.
In his lawsuit, which is pending before the same court, Browder claims damages caused by the Republic for allegedly violating his constitutional and human rights.
The Court ruled on Friday that the application does not meet all the conditions set by the relevant legislation for the issuance of the requested interim decree.
Presiding Judge Ioannis Ioannides noted: “It has not been proven that if the Republic of Cyprus should go ahead with the execution of the demand for juridical help from Russia, that the complainants are to suffer irreparable damages”.
Browder, an American-born British financier and co-founder of Hermitage Capital Management – once the largest foreign portfolio investor in Russia, – is wanted by Moscow for tax fraud and for being a ‘threat to national security’.
He argues that the Russian authorities are out to get him because he has exposed widespread corruption at the very top, arguing their pursuit of him is politically motivated.
His lawyers have tried to prevent cooperation between Cyprus and Russian or the issuing of any warrant against Browder, arguing such moves were politically motivated.
The financier also wants to take Cyprus to task over what he sees is its cosy relationship with Russia.
He argues that the offences for which Russia seeks assistance from Cyprus are political and his prosecution "derives exclusively from political motivation".
Browder has filed a lawsuit against the Republic of Cyprus requesting compensation for damages for an alleged violation of his constitutional rights.
Due to the Browder case, Cypriot authorities suspended cooperation with Moscow which drew criticism from Russia last year.
“Such actions by our Cypriot partners are at odds with the level and nature of our bilateral and interstate relations, which are characterized by a high level of trust and mutual support, as illustrated by intensive political contacts at all levels, especially at the highest,” read a statement issued by the Russian foreign ministry in October.
The plot thickens
Added to the mix of sensitive relations with Russia, a senior Cypriot state attorney faces disciplinary action over her ‘inappropriate relationship’ with Russian authorities on extradition cases
Leaked emails suggest that state attorney Eleni Loizidou offered information about the status of cases concerning Moscow’s requests for extradition of Russians or propose ways to handle them for a favourable outcome.
These revelations came weeks after Russia criticised Nicosia for declining a Russian request for legal assistance in a probe against Browder who sought court action to block such help.
Politis newspaper, which leaked the emails, said that Loizidou’s email exchanges referred to the Browder case.
Browder has led a campaign to expose corruption and punish Russian officials he blames for the 2009 death of his lawyer Sergei Magnitsky.
As head of the Hermitage Capital Management investment fund, Browder led a campaign to expose corruption and punish Russian officials he blames for the 2009 death of Magnitsky.
Magnitsky was imprisoned on charges widely considered to be false and died amid claims he was tortured.
He was arrested by the same police officers he implicated in a $230 mln tax fraud, with some of that money ($30 mln) allegedly laundered through Cyprus-based banks.
Magnitsky Act
His death prompted Browder to work with the US Congress to pass the Magnitsky Act, which levied targeted sanctions against powerful players in Russia much to the chagrin of President Vladimir Putin.
It was signed into law in 2012 by US President Barack Obama and sought to punish Russian human rights violators.
The Magnitsky Act returned to the headlines last year after it emerged that a lawyer supporting the Russian government’s position had met senior figures in Donald Trump’s US presidential campaign, including Trump’s son and son-in-law.
Russia placed Browder on the Interpol wanted list in 2017, in a scheme that lets countries unilaterally place individuals on the database used to request an arrest.
The Council of Europe has criticised Russia’s attempts to seek Browder’s arrest through Interpol, calling the efforts “abuses” of the system.
