ubstantiated.
91. It is not necessary for the Court to determine the facts, which are in dispute between the parties, since in any event the Court does not find that there has been any act of hindrance, which would entail a violation of the respondent State's obligation under Article 34 of the Convention in the circumstances of the case.
(b) Meeting with the representative
92. The issue before the Court is whether the impediments to communication allegedly placed in the applicant's way by the prison staff amounted to a violation of the respondent State's obligation not to hinder the effective exercise of the right of petition under Article 34 of the Convention.
93. In a Moldovan case the Court found a violation of Article 34 on account of the impossibility for the applicant to discuss with his lawyer issues concerning the application before the Court without their being separated by a glass partition (see Cebotari v. Moldova, No. 35615/06, §§ 58 - 68, 13 November 2007).
94. The applicant's inability during his treatment in hospital for several months to communicate in any way with his representative before the Court was found to amount to a violation of Article 34 of the Convention in Shtukaturov v. Russia (No. 44009/05, § 140, 27 March 2008). The Court concluded that the restrictions had made it almost impossible for the applicant to pursue his case before the Court; as a result, the application form had been completed by the applicant only after his discharge from the hospital.
95. In Lebedev v. Russia (No. 4493/04, §§ 116 - 119, 25 October 2007) the applicant complained that one of his lawyers had had to obtain certain additional authorisations in order to be able to meet him. The Court noted that in principle, excessive formalities in such matters could de facto prevent a prospective applicant from effectively enjoying his right of individual petition. However, no violation was found in that case since the limitation complained of had had no negative effect, either theoretical or practical, on the proceedings before the Court; the domestic formalities had not been excessive and, in any event, the applicant had had meetings with his other lawyers during the period under consideration.
96. Turning to the circumstances of the present case, the Court accepts that compliance with certain formal requirements may be necessary before obtaining access to a detainee, for instance for security reasons or in order to prevent collusion or action to pervert the course of the investigation or justice. It is uncontested in the present case that the applicant's representative before the Court was in possession of a valid authority form and that the only reason for refusing her permission to see the applicant was the absence of a formal request from the latter. The Court observes that although the Code of Execution of Sentences did not require a prisoner to make a formal request in order to have a meeting with his or her lawyer, the prison authorities relied on the secondary legislation, which apparently contradicted the Code (see paragraphs 47 and 48 above). Be that as it may, there is no doubt that the prison staff took steps to obtain such a request from the applicant on 2 August 2006. As is clear from Mr Sm.'s report, the representative was required to wait outside the prison administrative building in the meantime. Apparently, she was not given any indicative time when she would be able to see the applicant. However, there is insufficient factual evidence before the Court to enable it to consider that the prison staff subsequently acted in a way which would amount to unjustified interference with the applicant's right of individual petition.
97. Accordingly, the Court concludes that the respondent State complied with its obligation under Article 34 of the Convention.
(c) Disciplinary measures against the applican
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