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Tatiana Moskalkova: "When appointing measure of restraint it is important to consider all the circumstances"

25 February 2019
Tatiana Moskalkova: "When appointing measure of restraint it is important to consider all the circumstances"

High Commissioner for Human Rights in the Russian Federation Tatiana Moskalkova managed to provide assistance to citizen S., against whom a criminal case is initiated.

According to the applicant during house arrest, which lasted more than a year, her life was repeatedly subjected to unreasonable risk and unlawful actions by the investigating authorities. However, she could not complain on violation of her rights, as she was banned from receiving and sending letters, as well as using any means of communication, and she had to ask her sister for help.

The situation was aggravated by the fact that the applicant’s mother was seriously ill — due to several spinal fractures, osteoporosis and severe cardiovascular diseases, an elderly woman could die without her daughter’s help. For S. it was very important to be able to leave home freely to visit her mother, but the court did not take this circumstance into account.

As a result of the requests of the High Commissioner, the measure of restraint for S. was changed from house arrest to recognizance not to leave, which allowed the applicant to look after her mother:

"Dear Tatiana Nikolaevna!
I express my deep gratitude to you and the staff of the Office of the High Commissioner for the participation and protection of my life. My survival and the preservation of life of my mother would have been impossible without your help. The preliminary investigation lasts for 29 months and does not seek completion, but I firmly believe that I can survive because you, Tatiana Nikolayevna, and the staff of the Office of the High Commissioner for Human Rights in the Russian Federation consider that human life is the highest value, and all the rights are protected by Law". 

According to Tatiana Moskalkova such important circumstances as the illness of close relatives should never be ignored by the competent authorities. "It is real torture to force someone to experience stress for those who are dear to him, such situations cannot be allowed", — the High Commissioner said.

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