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RUDYKH AND OTHERS v. RUSSIA

Doc ref: 41671/15 • ECHR ID: 001-180995

Document date: January 22, 2018

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RUDYKH AND OTHERS v. RUSSIA

Doc ref: 41671/15 • ECHR ID: 001-180995

Document date: January 22, 2018

Cited paragraphs only

Communicated on 22 January 2018

THIRD SECTION

Application no. 41671/15 Vladimir Anatolyevich RUDYKH and O thers against Russia lodged on 9 July 2015

SUBJECT MATTER OF THE CASE

The application concerns non-selective and routine monitoring of the correspondence exchange between the first applicant, a life prisoner, the second applicant, his mother, and the third applicant, his partner.

QUESTIONS tO THE PARTIES

Is the system allowing the routine monitoring/censorship of prisoners ’ non-privileged correspondence set forth by the Code of Execution of Sentences? If so, does it constitute an interference with the applicants ’ rights to respect for their private and/or family life and correspondence? If so, is it justified under Article 8 § 2 of the Convention?

In particular:

(a) Is the interference “prescribed by law”?

(b) If so, does it pursue one or more of the legitimate aims referred to in Article 8 § 2 of the Convention?

(c) If so, is it “necessary in a democratic society” to achieve those aims? More specifically, does the Code of Execution of Sentences limit the length and scope of the monitoring of non-privileged correspondence? Does it provide for the possibility of carrying out a balancing exercise and assessing the proportionality of that measure in each case (see as far as relevant Yefimenko v. Russia , no. 152/04 , §§ 146-50, 12 February 2013) ?

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