L.M. AND OTHERS v. RUSSIA JUDGMENT
7
requests for “temporary asylum in Russia dated 28 September 2014” not to
be considered. The papers stated that they had been translated and written
by Z.A.
38. The Government, in their observations of 2 December 2014,
explained that the contradictory position taken by L.M. prevented the FMS
from considering his new application on the merits. M.A.’s new application
was not considered either.
E. Conditions of
representatives
the
applicants’
detention
and
access
to
39. The applicants submitted that severe restrictions had been placed on
them meeting with their representatives. As a result, despite numerous
attempts and complaints, M.A. and L.M. only had one meeting with them
on 17 December 2014. M.A. had one meeting with his brother and Albina
A. 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
paragraphs 20-23 above).
40. The applicants submitted copies of their exchange with various
officials in the Kaluga FMS and prosecutor’s office regarding their
detention and access to representatives. From these letters it appears that on
several occasions the applicants’ two lawyers, Ms Golovanchuk and
Ms Yermolayeva, a lawyer of the Kaluga Bar Association, Mr P.K., a
member of the Kaluga branch of the Human Rights Centre Memorial who
had assisted the applicants with their complaints, Ms Lyubov M.-E., as well
as M.A.’s brother and his wife, wrote to these agencies regarding a lack of
access to the detention centre and the conditions of detention of people
detained there. Their exchanges may be summarised as follows.
1. Detention in April – October 2014
41. On 3 March 2014 the head of the detention centre responded to
Ms Lyubov M.-E., stating that visits by lawyers and human rights defenders
were possible daily between 11.30 a.m. and 12.30 p.m. On 14 April 2014
the Kaluga FMS informed the regional prosecutor’s office that visits by
representatives, relatives and human rights defenders were possible upon the
written request of detainees, or upon the written request of their
representatives or human rights defenders if accompanied by a written
request by the detainee for legal assistance from them. Visits outside of
normal visiting hours had to be agreed in advance with the detention centre
administration, to ensure the proper functioning of the centre. If a detainee
requested in writing to be represented by anyone, the centre would consider
the issue of ensuring a visit from the representative, accompanied by a
notary, to certify a power of attorney.
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