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Bolotnaya detainee Mikhail Kosenko not allowed to attend mother’s funeral

10 September 2013 


Source: HRO.org (info)
Zamoskvoretsky district court in Moscow has refused to allow Mikhail Kosenko, held on remand over the “Bolotnaya Case”, to attend his mother’s funeral, RIA Novosti reports citing Kosenko’s lawyer, Vladimir Rzhanov.

“In the court it was said that this is not practised and the presiding judge, Moskalenko, did not give permission” Rzhanov said.

As Lenta.ru reports, Mikhail Kosenko was informed of his mother’s death on 6th September 2013. At that time his defence lawyer applied to the court with a request to release the prisoner. His lawyers cited the case of Lind v. Russia which states that “the refusal of leave to visit an ailing relative or to attend a relative’s funeral constituted an interference with the right to respect for family life”.

Moreover, it should be noted that there is a practice of releasing a prisoner from pre-triakl detention in order to attend a relative’s funeral. In December 2009 Oleg Fetkulov, held on remand over the case regarding a fire in the Perm club “The Lame Horse”, was allowed out of detention to attend his wife’s funeral.

Meanwhile, the Joint Group of Public Observations (JGPO) states that at the end of 2011, in a ruling in the case of Giszczak v. Poland, the European Court of Human Rights expanded the limits on interpretation of the right to respect for family life. In the case examined, the applicant was being detained on remand, in 2008 his daughter, after a car accident was admitted to intensive care, but the court refused to allow the applicant to visit his daughter in hospital. After two weeks his daughter died and he was allowed to attend her funeral under police escort.

The applicant did not wish to attend the funeral in prison uniform and asked that he, as well as the escort, would be allowed to attend the funeral ceremony in suits. He was refused.

In the ruling of the European Court of Human Rights it was pointed out that refusal to allow the applicant visit his dying daughter in hospital was an infringement of Article 8 of the Convention. On the second matter the European Court of Human Rights also found an infringement of Article 8 of the Convention on the grounds that the applicant had not been informed in a timely and unambiguous manner of the possible conditions for attending the funeral, Rosbalt reports.
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