Human Rights Guide


Moisejevs v. Latvia

(Prisons – Lack of effective remedy)
European Court of Human Rights
15 June 2006


The applicant, Mr. Moisejevs, while detained during his trial was not allowed to meet his parents and girlfriend. The judge examining his case refused several applicant’s requests to meet his family. The judge issued no written decision and gave no motivation for such decision. 


Mr. Moisejevs complained that there was no mechanism in force to complain of refusal of family visits. 

Court's ruling

The Court stated that everyone must be able to enforce his or her human rights. It means that there must be an authority which is competent to deal with complaints regarding the rights protected by the Convention. The requirements this mechanism must fulfil depend on the nature of the applicant’s complaint, however it must be effective in theory as well as practice. The Court reminded that the effectiveness of the complaint mechanism does not depend on whether its decision will be favourable to the applicant. The Court observed that under Latvian law there was no complaint procedure provided to challenge a decision to refuse family visits in the investigative prison. Therefore the Court concluded that there had been a violation of Article 13 of the Convention.

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