Communicated on 23 May 2019
SECOND SECTION
Application no. 45005/11
Vasilii HOMICI
against the Republic of Moldova
lodged on 4 July 2011
SUBJECT MATTER OF THE CASE
The application concerns the refusal to allow the applicant long-term (conjugal) visits in prison by his girlfriend, whom he tried to marry without success due to administrative impediments. It raises an issue under Articles 8 and 12 of the Convention.
QUESTION tO THE PARTIES
Do the facts of the case disclose a violation of Article 8 and/or 12 of the Convention? In particular, did the Moldovan law provide for the possibility to allow prisoners long-term (conjugal) visits by persons other than close relatives? If so, was the refusal of the applicant’s request for such visits by his girlfriend “necessary in a democratic society” within the meaning of Article 8 § 2 and did the prison authorities and courts justify the continued need to deny such visits (see, mutatis mutandis, Yaroshovets and Others v. Ukraine, nos. 74820/10 and 4 others, §§ 173-175, 3 December 2015)? Did the authorities’ actions result in the impossibility for the applicant to marry his girlfriend during a long period of time?
Full & Egal Universal Law Academy