utor's Office of 5 and 7 July 2004, the conditions in a cell measuring 18.6 square metres "did not meet the sanitary requirements" at the material time. After an inquiry the supervising prosecutor concluded on 5 July 2004 that up to late 2002 detainees awaiting an appeal hearing had been placed in the above cell with no window, ventilation, sanitary installations or water supply. Since late 2002 detainees awaiting appeal hearings had been placed in "assembly cell" No. 521. Although the applicant had not provided sufficient details, on the basis of information from the prison staff the prosecutor determined that the applicant had also been kept in cell No. 521 on 4 June 2002. The prosecutor also indicated that the document confirming that the applicant had received the letter from the Supreme Court concerning the appeal hearing did not bear his signature. He concluded that the remand centre staff had nonetheless ensured the applicant's right to participate in the appeal hearing.
D. Correspondence with the European Court
43. According to the applicant, on 23 January 2003 he handed over a letter to be dispatched by the prison administration to the Registry of the Court. In November 2003 the latter acknowledged receipt of his letter dated 14 September 2003 and informed him that no letter dated 23 January 2003 had been received.
44. On 13 July 2004 the Registry of the Court, by registered mail, requested the applicant to provide by 24 August 2004 certain documents and information concerning his application pending before the Court. According to the acknowledgement-of-receipt card, on 5 August 2004 the letter was received by an unspecified person in the detention facility. According to the Government, on 5 and 15 August 2004 the applicant was called to the office in charge of correspondence in the facility in order to receive the letter, but refused to accept it.
45. On 22 September 2004 the applicant's sister informed the Court by fax that the applicant had only received the letter on 21 September 2004 in an unsealed envelope.
46. Following the applicant's complaint about the issue, on 3 November 2004 the Penitentiary Department of the Ivanovo Region replied that the delay in the delivery of the letter did not constitute a hindrance of the applicant's correspondence with the European Court; although the prison officer had been negligent, there had been no intention to delay the letter.
II. Relevant domestic law
A. Appeal proceedings in criminal cases
47. Under the RSFSR Code of Criminal Procedure, in force at the time, the appeal court was empowered to review a first-instance judgment in full, irrespective of the scope of the statement of appeal lodged by a party to the proceedings (Article 332). This review was carried out on the basis of the file and new materials adduced before or during the appeal hearing (Articles 332 and 337). A prosecutor was required to participate in an appeal hearing and to state his position on the case (Article 335).
48. However, Article 465 of the Code contained special rules for appeal against a verdict of a jury. The grounds of appeal were limited to the exclusion of otherwise admissible evidence at the trial, which was prejudicial to the outcome of the trial or an unjustified refusal to examine of important piece of evidence; the trial court's reliance on inadmissible evidence; violations of procedural rules or wrong application of the law to the facts as established by the jury; imposition of an unfair sentence.
B. Re-opening of criminal proceedings
49. Article 413 of the 2001 Code of Criminal Procedure provides that criminal proceedings may be reopened if the European Court of Human Rights has found a violation of the Convention.
C. Prisoners' correspondence<
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