38
L.M. AND OTHERS v. RUSSIA JUDGMENT
the Court who is based in Moscow, but also on the possibility of meeting
with locally based lawyers and human rights defenders. Numerous
complaints indicate that these meetings with the applicants were denied or
made subject to formalities that were difficult to overcome (see paragraph
39 above and further). In particular, it appears from the letters from the
detention centre that in order to have a meeting with a representative, both
an inmate and his representative have to lodge advance written requests,
which should also be certified by a notary and drafted in the presence of an
interpreter (see paragraph 41 above). These requirements were applied to a
member of the bar, Mr P.K., who was refused access to the applicants on the
basis of the engagement letter (see paragraph 50 above). Attempts by
Ms Lyubov M.-E. to meet with the applicants were also rejected (see
paragraphs 42 and 43 above). It also appears that the applicants were not
given access to a telephone and could not therefore communicate properly
with their representatives.
160. The Court notes the applicants’ claim that they had been forced to
sign statements withdrawing their asylum requests and containing a refusal
to meet with Ms Lyubov M.-E. (see paragraphs 46 and 47 above). These
statements were later retracted by L.M. and M.A. as obtained under duress
and without a proper interpreter; both applicants insisted that they had
wanted their asylum requests to proceed and to be assisted by
Ms Lyubov M.-E. (see paragraphs 48, 49 and 52-55 above). The Court
reiterates that whether or not contact between the authorities and an
applicant are tantamount to unacceptable practice from the standpoint of
Article 34 must be determined in the light of the particular circumstances of
the case. In this respect, regard must be had to the vulnerability of the
complainant and his or her susceptibility to influence exerted by the
authorities (see Knyazev v. Russia, no. 25948/05, § 117, 8 November 2007,
with further references). An applicant’s position might be particularly
vulnerable when he is held in custody and has limited contact with his
family or the outside world (see Cotleţ v. Romania, no. 38565/97, § 71,
3 June 2003). In addition to being in detention, the applicants in the present
case have a very poor command of Russian and have no family or social
network, which makes them particularly at risk to unacceptable practice.
They complained that the statements in question, which had negative
consequences on the proceedings which were of vital interest to them, had
been obtained under duress. The Court notes with concern the absence of
any meaningful reaction from the relevant authorities to these complaints
raising serious allegations of such practice.
161. To sum up, despite several attempts to organise meetings, M.A. and
L.M. only met once with their representative, on 17 December 2014. M.A.
had one more meeting with his brother and sister-in-law on 22 October
2014, which lasted about ten minutes. A.A. did not meet with a
representative prior to his escape from the detention centre (see
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents