Judgment 38144/20

Applicant name DELTUVA
Applicant type natural person (prisoner)
Number of applicants 1
Application no. 38144/20
Date  21/03/2023
Judges Arnfinn Bårdsen, President,
 Jovan Ilievski,
 Egidijus Kūris,
 Pauliine Koskelo,
 Frédéric Krenc,
 Diana Sârcu,
 Davor Derenčinović,
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Not necessary (prevention of crime and disorder)
Type of privacy Relational privacy
Keywords Prohibition visit family
Facts of the case The applicant complained about the authorities’ refusal to grant him visits from his wife and daughter.
AnalysisTthe applicant proposed to the authorities that family visits, including those only from his daughter, could take place in the presence of his lawyer or an investigating officer, or an employee of the detention facility. However, there is no indication that the authorities properly considered those proposals: they merely stated that the presence of the applicant’s lawyer would not be sufficient to eliminate the risk of interference with the proceedings, without substantiating that decision, and they did not address the other proposed arrangements in any way. Noting that the applicant’s daughter was ten years old, thge Court underlines that the distress suffered by the applicant’s daughter because of the inability to see her father was established by a psychologist and acknowledged by the domestic authorities on one occasion, when a family visit was granted/ Lastly, it notes that the domestic authorities did not provide any explanation of how a visit from a ten-year-old child could have affected the success of the criminal proceedings.
Other Article violation?
Damage awarded that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts:
(i) EUR 5,000 (five thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 5,750 (five thousand seven hundred and fifty euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
Documents Judgment