Communicated on 22 January 2018
THIRD SECTION
Application no. 41671/15
Vladimir Anatolyevich RUDYKH and Others
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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