Case No. 46468/06

Judgment date: 22/12/08

The applicant was a lawyer representing Mikhail Khodorkovsky, the head of the oil company Yukos, in criminal proceedings for fraud. The applicant also served briefly as vice-president of Yukos. In April 2006 his house was searched and he was arrested and detained on alleged involvement in embezzlement as head of the legal department at Yukos.

The applicant suffered from a number of serious medical conditions. Upon arrest he had serious sight difficulties which deteriorated to near-blindness during his detention. Some months into his detention he was also found to be HIV-positive, which later developed into AIDS. The applicant encountered a catalogue of extreme difficulties in obtaining the medical assistance he required and the ECtHR concluded that from October 2007 at the very least, his condition required transfer to a hospital specialised in the treatment of AIDS. No such transfer occurred in spite of a Rule 39 indication in November 2007 that the Government should “secure, immediately…the in-patient treatment of the applicant in a hospital specialised in the treatment of AIDS”. At the time of judgment in December 2008, the applicant remained in custody. He complained to the ECtHR that the lack of adequate treatment and his continued detention violated Arts. 3 (inhuman treatment) and 5 (liberty and security) ECHR and that the search on his house had violated Art. 8 (private and family life).

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