The ECHR judgment of January 22, 2019 in the case of U.A. v. Russia (U.A. v. Russia) (application No. 12018/16).
The case has successfully examined the application about the failure of the authorities of the Russian Federation to examine the applicant’s allegations that, if he is expelled to a foreign country, he could be at risk of ill-treatment and the unlawfulness of his detention pending deportation. The case has violated the requirements of paragraph 1 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and if the applicant is expelled, there will be a violation of Article 3 of the Convention.
In 2016, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.
In his application, the applicant complained that the authorities of the Russian Federation had not examined his allegations that he would be at risk of ill-treatment if he was expelled to Uzbekistan. The applicant also complained about the unlawfulness of his detention pending deportation and the inability to foresee his duration.
On January 22, 2019, following an application filed by the applicant, the European Court unanimously ruled that in the present case the Russian authorities violated the requirements of Article 5 § 1 of the Convention (the right to liberty and security of person), and that if the applicant was expelled to Uzbekistan, violation of article 3 of the Convention (prohibition of torture). The Court has ordered the respondent Government to pay the applicant's representative 5,000 euros in respect of non-pecuniary damage.