Communicated on 25 November 2019

FOURTH SECTION

Applications nos. 82939/17 and 27166/19 Ildikó TAKÓ against Hungary and Mária VISZTNÉ ZÁMBÓ against Hungary lodged on 4 December 2017 and 15 May 2019 respectively

SUBJECT MATTER OF THE CASE

The applicant in application no. 82939/17 is the wife of P.S., and the one in application no. 27166/19 is the mother of P.S. The applications concern their contact with P.S., a high-profile criminal in pre-trial detention under a special detention regime. The applicants complain that the limitations imposed on their visitation rights, in particular the restriction that they may communicate with P.S. only through a glass partition, constitute a disproportionate interference with their family life.

On 16 November 2017 the head penitentiary officer lodged a request with the competent court asking the court to allow the lifting of the restriction on the applicants ’ and P.S. ’ s visitation rights. The court granted the request; however, for reasons unspecified in the case-file, the restrictions were not lifted by the head penitentiary officer.

On 10 September 2017 and 20 November 2018 respectively, the applicants and P.S. lodged complaints with the Penitentiary Public Prosecutor ’ s Office requesting the lifting of the restrictions, but to no avail.

QUESTIONS TO THE PARTIES

1. Was there a violation of Article 8 of the Convention on account of the restrictions on the manner of conducting family visits with the applicants ’ detained relative (see Khoroshenko v. Russia [GC], no. 41418/04, ECHR 2015 )?

2. In particular, did the authorities strike a fair balance between the applicants ’ rights and the aims that were sought to be achieved through the special prison regime, especially in light of the decision of the Penitentiary Public Prosecutor ’ s Office rejecting the applicants ’ complaint despite the fact that the competent court allowed the lifting of the restrictions?

3. The parties are requested to produce all documents pertaining to the circumstances in question.