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In early February 2012 the European Court of Human Rights communicated the case Gójski v. Poland. In its application Mr Gójski argues that the administration of the prison facility in which he served his sentence failed to provide him with proper health care. The applicant contends that he could not properly take care of his personal hygiene and meet his physiological needs in a cell in which he was detained.

As a part invited to the additional open consultations regarding the amendment announced by the Ministry of Administration and Digitization the HFHR has put forward its comments on the amendment to the Telecommunications Act. According to the Foundation, the current law on the retention of telecommunications data requires urgent legislative changes.

The Circuit Court in Nowy Sącz allowed Russia’s request for expulsion of Alexander Ignatenko, former first deputy prosecutor of the Moscow region. Mr Ignatenko was arrested by the Polish Internal Security Agency at the beginning of 2012. The HFHR has presented an opinion in the case. According to the Foundation, there is a reasonable concern that Mr Ignatenko’s extradition to Russian Federation may result in a violation of his rights and freedoms, including the right to a fair trial.

Taking into account the significant public interest in the works on an amendment to the Assemblies Act, the joint Sejm Committees of Justice and Human Rights and Administration and Internal Affairs decided to hold a public hearing on the amendment. The hearing was scheduled at noon on 7 March 2012. As part of the public consultation process, the HFHR submitted an opinion containing a number of legal concerns relating to individual provisions of the draft amendment.

Shaminder Puri appealed against the decision of the first-instance court given in the case against the Polish Border Guard Service. Mr Puri, a British Sikh, filed a suit seeking protection of his personal interests reportedly violated by Border Guard officers ordering him to remove his turban during security checks performed at Okęcie Airport in Warsaw. In December 2011 the Circuit Court in Warsaw dismissed all Mr Puri’s claims.

The Provincial Administrative Court (WSA) in Warsaw revoked the decision of the Bureau’s director to discontinue the proceedings initiated upon the HFHR’s motion to disclose statistics on investigative methods used by the CBA, including wire tapping. Giving the oral justification of the judgment, the court noted the huge significance of the right to public information for developing a civic society.

Polish Ministry of Foreign Affairs informed that Poland will take actions to develop a common and strong position of the European Union urging Russia to conduct a transparent and consistent with international standards investigation into the death of Sergei Magnitsky. In a situation of the unsatisfactory response from the Russian Federation, Poland will strive to develop in the European Union a list of persons who have contributed to the death of S. Magnitsky and to impose visa and financial sanctions to these persons.

In January 2012 Minsk Court upheld the custodial sentence of four and a half years in a penal colony for Ales Belyatsky, the head of Human Rights Centre Vesna. Mr Belyatsky’s wife has paid $90,000 to an account of the court, the sum the activist was ordered to pay by the first-instance as alleged tax arrears. The money had been collected through voluntary donations made during a fund raising campaign launched by Belarusian human rights defenders.

Katarzyna Barszczewska, a woman suffering from cerebral palsy, and her partner came last year to a local Register Office to arrange for their marriage ceremony. The registrar refused to solemnize the couple’s marriage and referred the case to the court. In January 2012 the court consented to the marriage between Katarzyna Barszczewska and her partner.