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

Заголовок: The ECHR found a violation of the requirements of paragraphs 1 and 4 of Article 5 of the Convention for the Сведения: 2019-10-02 14:16:34

The ECHR judgment of January 29, 2019 in the case of Mardonshoyev v. Russia (Mardonshoyev v. Russia) (application No. 8279/16).

The case has successfully examined the applicant’s application about inhuman conditions of 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 a proper investigation into the case of his expulsion to a foreign state from the 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 paragraphs 1 and 4 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

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 about inhuman conditions of detention in a special institution for temporary detention of foreign citizens pending administrative expulsion, as well as that the authorities of the Russian Federation did not conduct a proper hearing of his deportation to Tajikistan from the moment he learned that his expulsion was impossible due to the applicant’s lack of Tajik citizenship.

On 29 January 2019, in response to an application filed by the applicant, the Court unanimously ruled that in the present case the Government violated the requirements of Article 5 §§ 1 and 4 of the Convention (right to liberty and security of person) and ordered the respondent Government to pay the applicant’s representative 7 500 euros in respect of non-pecuniary damage.

 

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