The ECHR found a violation of the requirements of 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 8 of the Convention for the Protection of Human Ri Сведения: 2018-09-10 17:08:15

In the case, the applicant successfully complained that the measure of restraint he had chosen was excessively harsh and that its extension was not justified by the materials of the case, and that the refusal to visit his wife while in detention violated his right to respect family life. In the case there was a violation of the requirements of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. There have been no violations of Article 5 § 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2009, the applicant was assisted in the preparation of the аpplication. Subsequently, the аpplication was communicated to the Russian Federation.

In his complaint, the applicant, former head of the department of pharmacology at the Yaroslavl State Medical Academy, was detained on suspicion of receiving bribes, and he was given a preventive measure in the form of detention. The applicant complained that the measure of restraint he had chosen was excessively harsh and that its extension was not justified in the light of the case file. The applicant also argued that the refusal to see his wife while in detention violated his right to respect for family life.

On 30 May 2017, on a complaint lodged by the applicant, the Court unanimously held that in the present case the Government had not committed a breach of the requirements of Article 5 § 3 of the Convention (right to liberty and security of person) but violated the requirements of Article 8 of the Convention (right to respect private and family life). The Court ordered the respondent State to pay the applicant EUR 6,000 in respect of non-pecuniary damage.

Decision of the ECHR of 30 May 2017 on the case "Vladimir Nikolayevich Fedorov (v. Russia) v. Russian Federation" (аpplication no. 48974/09).

 

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