L.M. AND OTHERS v. RUSSIA JUDGMENT
9
46. On 11 June 2014 the Kaluga FMS wrote to the Kaluga regional
ombudsman, noting that on 27 May 2014 the Regional Court had rejected
the applicants’ appeals (see paragraph 13 above) while they were assisted
by a lawyer and interpreter. In their letter of 29 July 2014 the Kaluga FMS
informed the regional prosecutor’s office that the detainees’ rights had not
been infringed. The court hearing of 30 June 2014 relating to staying
execution of the expulsion order (see paragraph 15 above) had not required
the applicants’ presence, and an interpreter had been invited to the detention
centre on 17 July 2014, who had translated the court decision to the
applicants. On the same day M.A. had decided to withdraw his application
for temporary asylum and refuse any further assistance from Ms Lyubov
M.-E., signing the relevant documents.
47. Writing to the applicants’ lawyer on 29 July and 12 August and the
regional prosecutor’s office on 30 July 2014, the Kaluga FMS provided
information about the medical assistance given to the applicants. In respect
of M.A., the letters stated that he had been examined by a doctor upon
arrival, that an interpreter had assisted him on 9 June 2014 in
communicating with the detention centre doctor, who had administered
treatment, and that on 14 and 25 June he had again been examined by a
doctor and sent for a chest X-ray. His condition had been described as
“satisfactory” and improved. The letters went on to state that the detention
rooms had a ventilation system installed, that the shower and toilets,
although not in the rooms, were undergoing renovation so that they would
all be on one floor, that there was a courtyard for walks, and that the
detention centre staff had treated detainees with respect and never allowed
any behaviour which could escalate into arguments. The staff included a
doctor, a psychologist and a medical disinfection specialist. On 17 July
2014 M.A. had signed a paper refusing any further assistance from
Ms Lyubov M.-E. On the same day the remaining two applicants had also
expressed their wish to withdraw their requests for asylum.
2. M.A.’s meeting with his relatives on 22 October 2014
48. On 22 October 2014 M.A. signed a letter in Russian addressed to the
Kaluga FMS stating that its officers had forced him to sign documents in
Russian he could not understand and which, as it turned out, had cancelled
his asylum request and prevented him meeting with his representative,
Ms Lyubov M.-E. As a result, he had not met with her, and the only meeting
he had attended had been with his brother and sister-in-law on 22 October
2014, which had only lasted about ten minutes. The applicant further stated
that he and L.M. were under constant surveillance, had received threats
from the staff and were unable to write and send letters or make complaints.
The treatment was allegedly because of their application to the Court. The
papers signed by the applicants about their unwillingness to have their
asylum requests considered had been obtained under duress and they had
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