Review of the ECHR decision. The Court awards the deceased’s damages to his mother.
Rodionov v. Russia 27.08.2019 (no. 9106/09)
Request for revision of an ECHR judgment pursuant to Rule 80 of the Rules of Court. The applicant’s mother complained that she had been unable to enforce the decision because of her son’s death and argued that as his heir she should receive the sums awarded to him. The Court decided to reconsider its earlier decision and considered that Russia owed 12,700 euros in damages to the applicant and 3,500 euros for costs and expenses.
Article 80 of the Rules of the Court
The applicant, Igor Rodionov, died on 22 May 2018. His mother, Tatyana Rodionova, has requested a
review of the 11 December 2018 judgment of the European Court of Human Rights in accordance
with Rule 80 of the Rules of Court.
Mr Rodionov’s mother pointed out that she was unable to obtain the enforcement of the
above-mentioned judgment on account of her son’s death. She submitted that as his heir she should
receive the amounts awarded to the deceased in the 11 December 2018 judgment.
In its judgment of 11 December 2018 the Court held that there had been a violation of Article 3
(prohibition of torture and inhuman or degrading treatment) of the Convention read alone and in
conjunction with Article 13 (right to an effective remedy) on account of the applicant’s conditions of
detention in remand prison no. IZ–47/1 from 18 August 2006 to 1 October 2008 and from 23 March
to 21 August 2009, the conditions in which he had been transported to and from the Kirovski District
Court in St Petersburg and placed in a metal cage during the criminal trial, as well as the lack of
effective domestic remedies in that connection. The Court further ruled that there had been a
violation of Article 5 §§ 3 and 4 (right to liberty and security), Article 6 §§ 1, 3 (b) and (c) (right to a
fair trial), Article 8 (right to respect for private and family life), read alone and in conjunction with
Article 13 (right to an effective remedy), as well as Article 10 (freedom of expression) and Article 34
(right of individual petition). The Court also decided to award the applicant the sum of 12,70
THE DECISION OF THE COURT…
In its judgment the Court decided to revise its judgment of 11 December 2018 and held that
Russia was to pay Ms Rodionova EUR 12,700 for non-pecuniary damage and EUR 3,500 for costs and