L.M. AND OTHERS v. RUSSIA JUDGMENT
11
3. M.A.’s and L.M.’s meeting with their representatives on
17 December 2014
51. On 17 December 2014 lawyers Ms Golovanchuk and
Ms Yermolayeva met with the two applicants and took affidavits from them
regarding their detention and asylum request situation.
52. L.M. stated that he was detained in a spacious room with three other
detainees; it had a toilet and running cold water. A hot shower could be
taken daily on another floor upon request. The room was clean and had
sufficient natural and artificial lighting, which was switched off during the
night. There were no hygiene problems with insects and the bed linen was
changed once a week. Detainees spent their time in their rooms, day and
night, except when they went for walks. There were four nurses who
administered medical treatment as necessary. He insisted that he wanted his
asylum claim to be considered and unrestricted access and the ability to
communicate with his representative, including in writing. When asked,
L.M. stated that he had been assaulted by the staff on 27 August 2014 after
some of the detainees had escaped; one of the wardens had twisted his hand
painfully.
53. M.A. stated that while at the detention centre, he had been beaten
twice, in July 2014, when the staff had found him to be in possession of the
Koran, and on 25 August, when one of the Syrian detainees had escaped. He
had been beaten so that he would disclose details about the escape. After the
beatings he had stayed in bed for three days and could not eat. He stated that
he had not been allowed to make complaints or send letters, and had been
denied access to his representatives and relatives. He had not been allowed
to attend the court hearing on 28 November 2014 (see paragraph 36 above)
even though he had asked to. He also confirmed that he had wanted to meet
with his representatives, including Ms Lyubov M.-E. and had expected his
claim for asylum to be processed. He stated that the FMS staff had
threatened him and told him that his complaints would not help and that he
would be spending two years in prison anyway.
54. Following these submissions, on 17 December 2014 the applicants’
lawyers wrote a letter to the Kaluga regional prosecutor’s office pointing at
the illegal nature of the applicants’ detention, since their expulsion could not
be carried out and there were no terms or possibility of review of the
detention. They also stressed that the applicants’ conditions of detention
were similar to people in pre-trial detention, while the restrictions on visits
and correspondence were illegal and in direct contradiction to the
information contained in the letters from the detention centre administration.
The letter stressed that the absence of contact with relatives, lawyers and
representatives amounted in itself to inhuman treatment since it had serious
psychological effects on the applicants.
55. On the same day M.A. signed a request addressed to the Kaluga
FMS to be allowed meetings with his representatives, Ms Golovanchuk,
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