Communicated on 14 September 2010 and 18 February 2015

FIRST SECTION

Application no . 16208/05 Vladimir Aleksandrovich ZAKHAROV against Russia lodged on 20 March 2005

ADDITIONAL STATEMENT OF FACTS

On 23 March 2005 the applicant went on a hunger strike as a protest against his unlawful detention (since 3 September 2003). On 28 March 2005 he was placed into solitary confinement. On 1 April 2005 the applicant was brought to a doctor of the detention facility. At some point during that visit he was handcuffed. After the applicant confirmed his refusal to eat, the doctor called two guards to hold the applicant while she would administer some liquid food with the use of a mouth-opener and a tube. The applicant resisted the procedure and the guards had to subdue him. The applicant started feeling a heart pain and received a medication to calm down. After that he was fed via the tube. Since that day for over a month the applicant was fed via the tube, allegedly under the threat that, in case of refusal, the guards would subdue him in any event.

The above facts, in addition to the applicant ’ s description, are confirmed by the letter of 28 July 2005 that the Tver Regional Department of the Federal Service for Execution of Punishment had sent to the applicant in reply to his complaints about the solitary confinement and other circumstances of his force-feeding. The letter also indicates that the Federal Service carried out an inspection into the actions of its officers and found them lawful and justified.

ADDITIONAL QUESTIONS TO THE PARTIES

1. Has t he applicant been subjected to torture, i nhuman or degrading treatment or punishment in breach of Article 3 of the Convention in view of the circumstances related to his hunger strike since 23 March 2005? In particular:

(a) solitary confinement:

- On what dates was the applicant detained in isolation?

- Why and on what legal grounds was the applicant placed into solitary confinement on 28 March 2005?

(b) force-feeding on 1 April 2005:

- On what legal grounds was the decision to feed the applicant by force taken?

- Was there a medical necessity to feed the applicant by force on 1 April 2005?

- What were procedural guarantees in respect of the decision to force-feed the applicant?

- W ere the procedural guarantees for the decision to force-feed the applicant complied with?

- What were the exact circumstances of the applicant ’ s force-feeding on 1 April 2005?

- Was he handcuffed?

- If yes, why and on what legal grounds was the applicant handcuffed?

- Was physical force applied to him?

- If yes, why and on what legal grounds was physical force applied to the applicant?

(c) force-feeding after 1 April 2005

- On what legal grounds was the decision to feed the applicant by force taken?

- Was there a medical necessity to continue feeding the applicant by force after 1 April 2005?

- What were procedural guarantees in respect of the decision to force-feed the applicant?

- Were the procedural guarantees for the decision to force-feed the applicant complied with?

- If yes, were the procedural guarantees for the decision to force-feed the applicant complied with?

- When did the force-feeding end?

- What were the exact circumstances of the applicant ’ s force-feeding after 1 April 2005?

- Was he handcuffed?

- If yes, why and on what legal grounds was the applicant handcuffed?

- Was physical force applied to him ?

- If yes, why and on what legal grounds was physical force applied to the applicant?