Last Updated on April 24, 2019 by LawEuro
Communicated on 14 February 2019
FIFTH SECTION
Application no. 61839/12
Anatoliy Petrovich STARISHKO
against Ukraine
lodged on 18 July 2012
SUBJECT MATTER OF THE CASE
The application concerns: firstly, the alleged lack of any genuine prospect of the applicant’s release in view of his life-imprisonment sentence; and, secondly, various restrictions on his right to family visits during his post-conviction detention (low frequency of authorised visits, as well as various rules on the modalities of prison visits, such as the ban on direct physical contact, separation by a glass wall or metal bars, the continuous presence of prison guards during visits, and the limit on a maximum number of adult visitors).
QUESTIONS tO THE PARTIES
1. Has there been a violation of the applicant’s rights under Article 3 of the Convention on account of his allegedly irreducible life sentence (see Vinter and Others v. the United Kingdom [GC], nos. 66069/09 and 2 others, ECHR 2013 (extracts), László Magyar v. Hungary, no. 73593/10, 20 May 2014, and Hutchinson v. the United Kingdom ([GC], no. 57592/08, 17 January 2017)?
2. Has there been a violation of the applicant’s right to respect for his private and family life under Article 8 of the Convention on account of various limitations on family visits during his post-conviction detention (see Khoroshenko v. Russia, [GC], no. 41418/04, ECHR 2015, and Trosin v. Ukraine, no. 39758/05, 23 February 2012)?
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