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

Заголовок: The ECHR found violations of the requirements of Article 5, paragraphs 1 and 4, of the Convention for the Pr Сведения: 2018-08-01 13:52:11

The ECHR judgment of 13 February 2018 in the case of Mskhiladze v. The Russian Federation (application no. 47741/16).
The case successfully examined the applicant's complaint that his detention pending deportation to Georgia was arbitrary and unlawful after the authorities of the respondent State became aware that he was stateless and could not enter the territory of any other country state. The case was violated the requirements of Article 5, paragraphs 1 and 4, of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2016, the applicant was assisted in the preparation of the application. Subsequently, the application was communicated to the Russian Federation.

In his complaint, the applicant complained that his detention pending deportation to Georgia was arbitrary and illegal after the Government of the respondent State became aware that he was stateless and could not enter the territory of any other State . The applicant also complained about improper conditions at the detention center for foreign citizens and that his complaint about being placed in the said center was not immediately examined.

On 13 February 2018, on a complaint lodged by the applicant, the Court unanimously held 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 the person), but did not violate the requirement of Article 3 of the Convention (prohibition of torture).

 

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