8
L.M. AND OTHERS v. RUSSIA JUDGMENT
42. On 25 April 2014 L.M.’s lawyer wrote to the Kaluga regional
prosecutor’s office. She pointed out that the applicant had been refused
access to his representatives, and that the conditions of detention at the
detention centre were harsher than for people who had been detained on
criminal charges. Detainees were kept in their rooms for most of the day;
they had no means of communication with anybody and could not contact
each other or their representatives. The letter further stressed the absence of
any flight connection with Syria and the impossibility of expelling the
applicant there.
43. On 17 May 2014 the Kaluga FMS informed the regional
prosecutor’s office that on 24 April 2014 Ms Lyubov M.-E. had asked to be
allowed to meet with the three applicants and an Uzbek national, T. The
staff of the centre had refused to allow her to meet with the applicants, since
she had not had an interpreter present and could not communicate with
them. She had attempted to pass documents in Russian to the applicants
(complaints against the domestic court decisions) through T., but they had
been found by the detention centre staff. Ms Lyubov M.-E. had been
reminded to come back accompanied by an interpreter. Furthermore, the
detainees had signed documents refusing to meet with Ms Lyubov M.-E.
since she had asked them for money for her services.
44. On 26 May 2014 the head of the NGO Civic Assistance wrote to the
Moscow FMS. She pointed out that the applicants’ confinement in the
detention centre appeared unlawful in the absence of any time-limit or
purpose, since the expulsion could not be carried out. She further pointed to
the fact that the applicants had submitted applications for temporary asylum,
and that their conditions of detention were inhuman and degrading, since the
food was of poor quality and they had little access to fresh air, outdoor
exercise, meaningful activities or information. The letter further stated that
the detention centre staff had threatened and harassed detainees, and that the
applicants had been pressed to withdraw their applications for asylum. The
letter also referred to the difficulties in meeting the inmates.
45. On 10 June 2014 the applicants’ lawyers submitted a letter to the
Prosecutor General’s Office, with copies to the Kaluga regional prosecutor’s
office and FMS. They pointed out that the applicants’ conditions of
detention amounted to inhuman and degrading treatment. M.A. had been
diagnosed with pneumonia, but had not received adequate medical help. The
applicants had been unable to meet with their relatives and representatives.
The food was of poor quality, consisted mostly of cereals and was often
served cold. The applicants complained that they had been harassed and
threatened by the staff, threatened with reprisals if they complained, and
encouraged to withdraw their applications for asylum and discharge their
representatives. In the absence of any real possibility of expelling the
applicants to Syria, their detention had turned into an open-ended
punishment without any possibility of review.
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