The ECHR found a violation of the requirements of Article 5 § 3 of the Convention, Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Article 5 § 3 of the Convention, Article 8 of the Conventi Сведения: 2018-08-01 13:54:55

The ECHR judgment of 13 February 2018 in the case of Andrey Smirnov v. Russian Federation (application no. 43149/10).

The case successfully examined the complaint of the applicant, who was a minor, who was subjected to a preventive measure in the form of detention because of suspicion of inflicting bodily injuries to a pupil from his school, to the fact that the domestic courts did not provide adequate and sufficient grounds for the application of this measure restraint. There has been a violation of the requirements of Article 5 § 3 of the Convention, Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2010, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

In his complaint, the applicant, who was a minor who was subjected to a preventive measure in the form of detention due to suspected bodily harm to a student from his school, complained that the domestic courts did not provide adequate and sufficient grounds for applying this preventive measure . The applicant also complained about the refusal of the Russian courts to meet with their parents, the restrictions on the frequency of such visits and the isolation from the parents of the glass partition during their visits.

On 13 February 2018, on a complaint lodged by the applicant, the Court unanimously held that in this case the Government violated the requirements of Article 5 § 3 of the Convention (right to liberty and security of the person), Article 8 of the Convention (right to respect for private and family life), and obliged the respondent State to pay the applicant EUR 7,500 as just satisfaction.

 

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