Author: Oleksandr Yevsieiev
Keywords: principle of proportionality; rendezvous with the prisoners; The European Court of Human Rights; the right to respect for private and family life
In this article the judgment of the Grand Chamber of the European Court of Human Rights in respect to a complaint of a Russian citizen A. Khoroshenko, where the applicant appealed the restriction of family visits for those who are serving a life sentence in prison, is analyzed. The main arguments of the Court, to which it referred, stating violation of Article 8 of the European Convention on Human Rights and Fundamental Freedoms 1950 (right to respect for private and family life) by the authorities of the Respondent state, are reviewed. In particular, the conclusion that prisoners generally should enjoy all fundamental rights and freedoms, guaranteed by the Convention, except the right to liberty, is made. The Court's proportionality test outlined the disadvantages of Russian penal legislation in terms of rendezvous with life-sentenced prisoners. The general review of Khoroshenko case in national courts is given.
About the author: Oleksandr P. Yevsieiev – Associate Professor, Yaroslav the Wise Ukraine National Law University.