The ECHR has found a violation of the requirements of Article 3, paragraphs 1 and 4 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR has found a violation of the requirements of Article 3, paragraphs 1 and 4 of Article 5 of the Conv Сведения: 2019-10-01 13:03:32

The ECtHR judgment of January 29, 2019 in the case of Alimuradov v. Russia (Alimuradov v. Russia) (application No. 23019/15).
The case has successfully examined the applicant’s application about the inhuman conditions of his detention in a special institution for temporary detention of foreign citizens pending administrative expulsion, as well as the fact that the authorities of the Russian Federation did not conduct proper proceedings on the case of his expulsion to a foreign state from that moment when they learned that his expulsion was impossible due to the applicant’s lack of citizenship of a foreign state. The case has violated the requirements of Article 3, paragraphs 1 and 4 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2015, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

In his application, the applicant complained about the inhuman conditions of his detention in a special institution for temporary detention of foreign citizens pending administrative expulsion, as well as that the authorities of the Russian Federation had not properly conducted proceedings on his expulsion to Azerbaijan from the moment when found out that his expulsion was impossible due to the applicant’s lack of Azerbaijani citizenship.

On January 29, 2019, on a application filed by the applicant, the European Court unanimously ruled that in the present case the Russian authorities violated the requirements of Article 3 of the Convention (prohibition of torture), paragraphs 1 and 4 of Article 5 of the Convention (right to liberty and security of person), and ordered The respondent Government have to pay the representative of the applicant EUR 15,000 in respect of non-pecuniary damage.

 

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