Judgment 3018/22

Applicant name GRINEV AND OTHERS
Applicant type Prisoner
Number of applicants 20
Country Russia
Application no.3018/22 3930/22 6734/22 8010/22 9481/22 11131/22 11363/22 11805/22 11877/22 12636/22 14146/22 14291/22 14647/22 14726/22 14733/22 16405/22 17240/22 18025/22 18266/22 19133/22
Date 11/04/2024
Judges Lətif Hüseynov, President,
 Ivana Jelić,
 Erik Wennerström
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Mini-judgment
Type of privacy Relational privacy; locational privacy; professional privacy
Keywords
Facts of the case  
Art. 8 (1) – lack of practical opportunities for or restriction on prison visits – SIZO-1 Krasnoyarsk Region, refusal of short-term family visits, the applicant’s wife requested short-term family visits on 09/03/2022, 10/03/2022, 23/03/2022, 28/04/2022 and 10/05/2022 to no avail

Art. 8 (1) – unlawful search – Search under the Code of Criminal Procedure in the applicant’s home authorised on 20/07/2021 by the Investigator of Stavropol Region conducted on 20/07/2021. The lawfulness of urgent search was confirmed by the domestic courts. Final decision: Stavropol Regional Court, 19/10/2021.
No adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police’s discretion), no adequate and sufficient safeguards against abuse: lawyer not allowed to assist the applicant during the search, no relevant or sufficient reasons to justify the search: applicant not a suspect
Analysis
Other Article violation? Yes, 3 and 5
Damage awarded 19.500 (2 applicants)
Documents Judgment