The case concerns complaints from five individuals against Russia regarding their unlawful detention pending removal from Russia. The Court found violations of Article 5 § 1 of the Convention in all cases.The Court examined cases where individuals were detained for extended periods (ranging from several months to four years) pending their removal from Russia to various countries (Ukraine, Tajikistan, Syria, and Kyrgyzstan). The key issue was that the Russian authorities failed to pursue the removal proceedings with due diligence.The main provisions of the decision include:
- The Court confirmed its jurisdiction over cases involving Russia for events that occurred before September 16, 2022 (when Russia ceased to be a party to the Convention)
- While states have the right to control the liberty of aliens in immigration context under Article 5 § 1(f), such detention is only justified as long as deportation proceedings are actively in progress
- The detention will cease to be permissible if proceedings are not prosecuted with ‘due diligence’
The most significant aspects of the decision are:
- The Court awarded compensation ranging from 5,000 to 10,000 euros to the applicants
- The Court emphasized that lengthy detention periods without active pursuit of removal proceedings (such as delays in obtaining documentation or verification of nationality) constitute a violation of the Convention
- The decision particularly highlights cases where removal was practically impossible (such as with the first applicant who was later recognized as stateless) yet detention continued
