On 10 March 2009 the Nizhny Novgorod regional court cancelled the decision of the Sovietskiy district court of Nizhny Novgorod under the case of Nizhny Novgorod citizen Viktor Buzychkin.
On 14 October 2008 the European Court found Russia in breach of articles 3 and 13 of the European Convention of Human Rights (cruel treatment and lack of effective remedies) under the case of Viktor Buzychkin. Mr. Buzychkin’s rights had been violated during his detention in remand prison 52/1 due to atrocious detention conditions. In its judgment the European Court did not award Mr. Buzychkin any compensation because he did not make such a claim. Lawyers of the Committee against Torture acting in the victim’s interests filed a suit to the Soveitskiy district court of Nizhny Novgorod claiming compensation of moral damage. However, the Sovietskiy district court refused to consider the claim because, in its opinion, the issue had already been considered before the European Court delivered its judgment. Lawyers of the Interregional Committee against Torture appealed against that decision to the Nizhny Novgorod regional court which sustained the appeal stating that previous decisions under Buzychkin’s case had nothing to do with the current claim. Thus, right now, the Sovietskiy district court is bound to try Buzychkin’s claim against the State Directorate of the Russian Federal Penitentiary Service and the Finance Ministry on the merits and adjudicate on the issue of compensating moral damage incurred to Mr. Buzychkin.
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