PSHIBIYEV AND BEROV v. RUSSIA - 63748/13 (Judgment : Right to respect for private and family life : Third Section) French Text [2020] ECHR 427 (09 June 2020)

PSHIBIYEV AND BEROV v. RUSSIA - 63748/13 (Judgment : Right to respect for private and family life : Third Section) French Text [2020] ECHR 427 (09 June 2020)

The automatic and prolonged application of restrictive visit modalities, including the impossibility of long visits and the physical separation during short visits, without individualized justification, constituted a disproportionate interference with the applicants' right to respect for private and family life...

Source-derived case information.

Citation
[2020] ECHR 427
Parties
Applicant: Batyr Khazretaliyevich Pshibiyev; Applicant: Aslan Borisovich Berov; Respondent: Russian Federation
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 8 ECHR found; just satisfaction awarded.
Legal Topics
Right to Respect for Private and Family Life, Prisoners' Rights, Detention Conditions, Article 8 ECHR
Human Rights Law Criminal Procedure Right to Respect for Private and Family Life Prisoners' Rights Detention Conditions Article 8 ECHR

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Batyr Khazretaliyevich Pshibiyev

Applicant

Aslan Borisovich Berov

Applicant

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether the restrictions on family visits for pre-trial detainees, including the impossibility of long visits and the physical separation during short visits, violated Article 8 of the European Convention on Human Rights.

Ratio Decidendi

The automatic and prolonged application of restrictive visit modalities, including the impossibility of long visits and the physical separation during short visits, without individualized justification, constituted a disproportionate interference with the applicants' right to respect for private and family life under Article 8 ECHR. The lack of flexibility and the excessive duration of pre-trial detention exacerbated the violation.

Court Disposition

Violation of Article 8 ECHR found; just satisfaction awarded.

Orders

  • The respondent State must pay each applicant 13,000 EUR for non-pecuniary damage within three months.
  • The respondent State must pay jointly 3,000 EUR for costs and expenses to Stichting Justice Initiative within three months.