Published: 12 Dec 2017 | By Giulio Pagano
MM v Russia
Case number: 7653/06
Judgment date: 12 December 2017
The applicant was arrested in January 2005 on charges of murder, to which he confessed following alleged death threats and threats of ill-treatment by police officers. While in pre-trial detention, he was held in overcrowded, insanitary and degrading cells, with less than four metres squared of space.
Three months after his arrest he tested positive for HIV, and this information was included in his case file. The deputy district prosecutor granted the murder victim’s sister victim status and access to the applicant’s criminal file. She shared the applicant’s HIV status with third parties without his consent and, the applicant argued, with defamatory intent. The applicant attempted unsuccessfully to file complaints against his prison conditions and initiate proceedings against the unauthorised release of his private information. He was represented by EHRAC and Memorial Human Rights Centre before the ECtHR.