Using Magnitsky Sanctions and Other Tools to Seek the Release of Political Prisoners

In our November 13, 2024, webinar, Mobilizing Action for Political Prisoners, Human Rights First brought together human rights experts, advocates, and family members of formerly arbitrarily detained individuals to discuss strategies for securing the release of political prisoners worldwide. Moderated by Adam Keith, the director of our accountability program, the panel featured: 

• Evgenia Kara-Murza, International Advocacy Director at the Free Russia Foundation and advocate for her husband, Vladimir Kara-Murza, a Russian dissident and former political prisoner detained for over two years; 

• Angelita Baeyens, Vice President of International Advocacy and Litigation at Robert F. Kennedy Human Rights; and 

• Richard Ratcliffe, advocate for his wife, Nazanin Zaghari-Ratcliffe, a British-Iranian charity worker arbitrarily detained in Iran for six years. 

The webinar highlighted the power of Global Magnitsky sanctions and the broader advocacy networks that are essential in these efforts. Panelists shared personal experiences and actionable insights on how targeted sanctions, public awareness, and coordinated advocacy can all serve as vital tools in the fight to end arbitrary detention. 

Magnitsky Sanctions: A Targeted Approach to Accountability 

The Global Magnitsky Human Rights Accountability Act, passed in the United States in 2016 and later emulated in several other countries, provides a groundbreaking framework to target serious human rights abusers and corrupt actors worldwide.  

Evgenia Kara-Murza, has had a deeply personal connection to the Magnitsky Act from its inception. Her husband Vladimir was an initial advocate for the Act, inspired by the tragic case of Sergei Magnitsky, who uncovered corruption in Russia and ultimately was killed in a Russian prison. Kara-Murza explained that the Magnitsky Act reflected the obligation of countries to respond to such human rights violations by holding perpetrators accountable.  

Kara-Murza shared how the sanctions have evolved into “this absolutely revolutionary tool…because this tool allows any freedom fighters of the world to send a very clear message to those regimes violating the rights of citizens.” She emphasized that Magnitsky sanctions target human rights violators without harming entire nations, maximizing their effectiveness. “I think everything should be done so that the world knows their stories and pays attention and sort of to create public outcry,” Kara-Murza emphasized. 

The Role of Sanctions in Advocacy Against Political Imprisonment and Hostage-Taking 

Richard Ratcliffe discussed how sanctions can disrupt the “business model” of hostage taking. In cases like his wife’s, in which individuals are used as bargaining chips in state negotiations, sanctions “impose a cost on inertia.” By restricting financial assets and travel, sanctions diminish the strategic value of holding hostages, making it a less appealing tactic to authoritarian regimes. 

The panelists stressed that sanctions can be effective even if perpetrators do not have a Western footprint. Kara-Murza emphasized that sanctions are not only about assets but also about travel bans, preventing violators from enjoying privileges in democratic nations. She explained, “even the threat of these sanctions can be effective,” and shared an example from Ukraine, where authorities found that conditions for Ukrainian prisoners of war improved after sanctions were threatened against Russian prison officials. 

Ratcliffe added that sanctions often target not just the perpetrators: “the value of [targeting] people who don’t necessarily have assets [in sanctioning countries] is that various dependents and various other people will be operating outside,” and emphasized that targeting these beneficiaries can help impose consequences on perpetrators.  

The Importance of Coordinated Advocacy 

Angelita Baeyens shared insights from the collaborative campaign that led to the release of Paul Rusesabagina, a well-known humanitarian arbitrarily detained in Rwanda. His family worked with organizations like her own (RFK Human Rights), Amnesty International, and the Clooney Foundation for Justice, among others. Through a coordinated effort leveraging these organizations’ areas of expertise, Rusesabagina’s case was brought before the United Nations Working Group on Arbitrary Detention (UNWGAD), which issued an opinion declaring his detention arbitrary.  

This opinion, in turn, helped prompt the U.S. government to classify him as “wrongfully detained” under the Robert Levinson Act of 2020, activating stronger efforts for his release, including the involvement of the U.S. Special Envoy for Hostage Affairs. This raised international awareness of the case and increased diplomatic pressure, which ultimately contributed to his release after more than two years in detention.  

Ratcliffe stressed the importance of a multi-directional advocacy approach: “I don’t think you can just focus on your home government, because the problem does not initiate from that government.” His advocacy journey involved learning how to apply pressure on both the detaining government and his own. “It’s important to test the boundaries as to what you can do to make [the] other side uncomfortable,” he said, “but you’ve always got to listen and learn when you’ve gone too far as well.” 

As Baeyens notes, “there is no recipe that works for every case.” Advocacy efforts are “a collection of efforts that many times need to be activated at the same time and should not be done by one single organization,” she urged.  

The Power of Publicity 

Public awareness can play a crucial role in improving detainee treatment. Kara-Murza shared the case of Maria Kalesnikava, a Belarusian political activist and prisoner who was finally allowed to see her father this month after more than 18 months of being held incommunicado, emphasizing the importance of public pressure. 

However, as Baeyens pointed out, striking the right balance between public advocacy and private diplomacy can be delicate. Central to this is the need for “consent and coordination with family members.” Respecting the family’s wishes is crucial, and advocacy organizations must work closely with them to determine the most appropriate approach for each case.  

Strengthening International Cooperation for Greater Impact 

Our panelists stressed the need for enhanced international collaboration to maximize the effectiveness of Global Magnitsky sanctions. Kara-Murza argued that the impact of sanctions is significantly amplified when multiple countries take coordinated action, noting that sanctions act as a “powerful demotivator” to the detaining government. Baeyens added that this “type of coordination at the international level can have a very big impact.”  

Kara-Murza praised the British government’s announcement of their intention to create a special envoy for hostage affairs, mentioning the significant impact of the United States’ similar Special Envoy for Hostage Affairs in securing the release of dozens of individuals. “I believe that such offices need to exist in other democratic countries, and there should be cooperation between these offices as to what can be done with regard to the growing crisis of hostage taking or imprisonment for political views around the world.” 

Baeyens noted the challenges in addressing arbitrary detention by security partner governments, such as Egypt and Rwanda, where civic spaces are closed, and arbitrary detention is a systemic issue. Baeyens emphasized that the United States and other democratic nations often fail to take a stronger, more vocal role in “denouncing the broader situation and context in which these specific cases take place” and noted that “there is not much pressure to look at the broader picture.” This oversight prevents meaningful change. 

The Road Ahead  

While no single tool guarantees success, the combined strength of Global Magnitsky sanctions, coordinated advocacy, and public awareness offers a powerful approach to supporting political prisoners and holding human rights abusers accountable. 

As Kara-Murza concluded, “Magnitsky sanctions are indeed a revolutionary instrument and… should be used further.” With continued innovation, collaboration, and a commitment to justice, supporters of political prisoners can work toward securing their freedom and ensuring that oppressive regimes are held accountable. 

This event was part of “Magnitsky Month,” an annual advocacy initiative led by Human Rights First and our partners calling for the expanded and improved multilateral use of Magnitsky-style sanctions in the United States, Canada, United Kingdom, European Union, and Australia to address human rights abuse and corruption around the world.