Individual Application

Violation of the right to respect for family life due to dismissal of the request for a suspension of execution for taking care of a baby

The applicant, a convict serving her sentence in a penitentiary institution with her two children, requested the chief public prosecutor’s office to be granted a suspension of execution of her sentence in order to take care of her baby. However, it was rejected. Her subsequent challenge was also dismissed by the incumbent court. Granting the applicant’s request for an interim measure, the Constitutional Court ordered the taking of necessary steps for the elimination of the threat to the physical and psychological integrity of both the applicant and her children. She was then transferred to another penitentiary institution fit for her and her children. Finding a violation, the Constitutional Court concluded, inter alia, that the child’s best interest had been disregarded.