Judgement 12205/18

Applicant name PONOMAREV AND OTHERS
Applicant type Natural person (prisoner)
Number of applicants 50
Country Russia
Application no.12205/18, 13413/18, 18894/18, 26925/18
40655/18, 4881/19, 5291/19, 8739/19
21927/19, 30417/19, 32238/19, 43888/19
57826/19, 64521/19, 5191/20, 5879/20
6588/20, 8864/20, 9971/20, 13147/20
25909/20, 27083/20, 32403/20, 34205/20
2658/21, 8681/21, 20628/21, 32409/21
34680/21, 36406/21, 36524/21, 43710/21
49163/21, 51492/21, 51669/21, 58607/21
4078/22, 7144/22, 17635/22, 21811/22
25229/22, 29351/22, 30067/22, 30978/22
35019/22
Date 23/11/2023
Judges Branko Lubarda, President,
 Armen Harutyunyan,
 Ana Maria Guerra Martins
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason No legal basis; not necessary
Type of privacy Relational privacy
Keywords Family visits in pre-detention
Facts of the case Detention
AnalysisMini judgement in which the Court mainly refers to established case law and finds that the refusals of family visits were not “in accordance with law” and that the physical separation of the applicants from their visitors by means of a glass partition cannot be justified as being “necessary in a democratic society”.
Also Violation of 8+14 – discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
Other Article violation? No violation 13 ECHR;
Damage awarded 169.000
Documents Judgment