The application argues that Russian law enforcement authorities prompted the criminal investigation to silence and torture Mr Magnitsky, which led to his death. It contains detailed information concerning conditions of his detention and, among other things, a denial of medical treatment.
According to James Goldston, the executive director of the Open Society Justice Initiative, the organisation representing the applicant in the proceedings before the ECtHR, the corruption and abuse pervade Russia’s justice system.
The HFHR has repeatedly called on the Polish Ministry of Foreign Affairs to impose appropriate visa and financial sanctions on Russian officials responsible for the death of Sergei Magnitsky.
In July this year the MFA reported that owing to the collaboration of the European states, including Poland, on 27 March 2012 the European Council took a position calling on Russia to not only pursue a comprehensive and thorough investigation into the death of Sergei Magnitsky but also to close the long-pending proceedings and hold the guilty accountable for their actions.
The Council highlighted that despite the launch of an independent investigation ordered by President Medvedev and the filing of the indictment against two prison doctors, many aspects of the case still remain unresolved.
The issue of Mr Magnitsky’s death was raised by Herman Van Rompuy, the President of the European Council, at the EU-Russia summit held in December last year.