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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.
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.
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