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Sergei Magnitsky, a Russian lawyer, died after spending almost a year in pretrial detention and being denied essential medical care, in retaliation for exposing a $230m fraud involving senior Interior Ministry officials.
The complaint, filed on behalf of Magnitsky's mother, asks the court to find that the Russian Federation has violated six articles of the European Convention of Human Rights: Article 2 (denial of right to life); Article 3 (torture); Article 5 (unlawful detention); Article 10 (retaliation against whistle-blowers); and Article 13 (failure to provide an effective remedy).
The application also seeks a finding that there must be an independent and impartial investigation into the death that is capable of bringing about the prosecution and punishment of all the relevant perpetrators.
Mrs. Magnitskaya will also seek just satisfaction under Article 50 (pecuniary and non-pecuniary damages together with legal costs and expenses) as well as general measures to ensure that Russia does not treat others in the same way that they treated Sergei Magnitsky.