36
L.M. AND OTHERS v. RUSSIA JUDGMENT
and, consequently, to detention on those grounds (see Egamberdiyev, § 62,
and Azimov, § 171, both cited above).
151. The Court further notes that the maximum penalty for deprivation
of liberty for an administrative offence under the Code of Administrative
Offences in force is thirty days, and that detention with a view to expulsion
should not be punitive in nature and should be accompanied by appropriate
safeguards, as established by the Russian Constitutional Court. In the
present case, the “preventive” measure was much heavier than the
“punitive” one, which is not normal (see Azimov, cited above, § 172).
152. In view of the above considerations, the Court concludes that there
has been a violation of Article 5 § 1 (f) of the Convention.
V. ALLEGED VIOLATION OF ARTICLE 34 OF THE CONVENTION
153. The applicants further complained under Article 34 of the
Convention that the restrictions on their contact with their representatives
had interfered with their ability to communicate with the Court effectively.
They also pointed to a lack of interpreting services, which had further
hindered their effective participation in the proceedings before the Court.
Article 34 of the Convention reads, in so far as relevant, as follows:
“The Court may receive applications from any person ... claiming to be the victim
of a violation by one of the High Contracting Parties of the rights set forth in the
Convention or the Protocols thereto. The High Contracting Parties undertake not to
hinder in any way the effective exercise of this right.”
154. The Government contested the applicants’ submissions. They stated
that the restrictions on them meeting with their representatives had been
reasonable and had not interfered with their right to communicate with the
Court. They noted that the detention centre’s daily routine was applicable to
all inmates and not just the applicants; that there had been time available
every day to arrange for such meetings; that telephone contact, letters and
parcels with the representatives had not been limited and could serve as
further means of communication. The Government stressed that while the
applicants’ representative Ms Golovanchuk had met with the applicants on
17 December 2014, there had been no requests lodged, or refused, by her on
any other occasion.
155. The applicants maintained their complaint.
156. The Court reiterates that it is of the utmost importance for the
effective operation of the system of individual petition instituted by
Article 34 that applicants or potential applicants should be able to
communicate freely with the Court without being subjected to any form of
pressure from the authorities to withdraw or modify their complaints (see
Mamatkulov and Askarov v. Turkey [GC], nos. 46827/99 and 46951/99,
§ 102, ECHR 2005-I). In this context, “pressure” includes not only direct
coercion and flagrant acts of intimidation but also other improper indirect
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