Advancement of the right to individual petition to the ECtHR for Russian citizens detained in correctional facilities : Zakharkin v Russia

Desrosiers, Isabelle (2010) Advancement of the right to individual petition to the ECtHR for Russian citizens detained in correctional facilities : Zakharkin v Russia. EHRAC bulletin (14). p. 12.

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Abstract

This article considers changes in practice as regards legal representatives' access to clients in detention in Russia, following the Zakharkin decision. In its judgment in the case of Zakharkin v Russia (No. 1555/04) 10/6/10 the ECtHR found violations of Art. 3 ECHR (substantive and procedural) on account of detention conditions which amounted to inhuman and degrading treatment, Art. 6(1) ECHR, on the grounds that the tribunal had not been 'established by law', and also that Russia had violated the applicant’s right to individual petition under Art. 34 ECHR. As regards the latter, more specifically the ECtHR found a violation of a detainee's right to apply to the ECtHR and to establish and maintain contact with non-advocate representatives (NGO lawyers) under the same conditions as if they were professional advocates.

Item Type: Article
Uncontrolled Keywords: EHRAC bulletin; human rights violations; political prisoners; detention; Russia; European Court of Human Rights; ECtHR
Subjects: 300 Social sciences > 320 Political science
300 Social sciences > 340 Law
Department: Guildhall School of Business and Law
Depositing User: Mary Burslem
Date Deposited: 29 Apr 2015 16:51
Last Modified: 29 Apr 2015 16:51
URI: http://repository.londonmet.ac.uk/id/eprint/562

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