USMANOV v. RUSSIA JUDGMENT
which would prevent it from applying administrative removal as a sanction.
The court dismissed the applicant’s argument concerning the adverse effect
of the removal on his family situation, stating that a foreigner could not be
exempt from compliance with Russian law on the grounds that his relatives
were Russian nationals.
27. The applicant was immediately placed in a temporary
detention centre for foreigners pending his administrative removal. He
appealed against the court’s decision, arguing that his removal would be in
breach of Articles 3 and 8 of the Convention.
28. On 11 December 2018 the Novgorod Regional Court upheld the
decision in question. It stated that there was no evidence that the applicant’s
removal from Russia would be in breach of Article 3 of the Convention. It
also held that Article 8 of the Convention did not prevent States from
controlling the entry and stay of foreigners in their territory. Furthermore,
according to the court, that Article did not impose on the State an obligation
to respect the choice of residence of spouses or to allow family reunification
in its territory.
V. INTERIM MEASURES AND STAY OF REMOVAL
29. On 10 December 2018 the Court granted the applicant’s request for
interim measures under Rule 39 of the Rules of Court in connection with his
complaints under Articles 3 and 8 and indicated to the Russian Government
not to remove him to Tajikistan for the duration of the proceedings before
the Court.
30. On 19 December 2018 the District Court ordered that the
proceedings concerning the applicant’s removal be stayed for the duration
of the proceedings before the Court. The applicant continued to be detained
in custody. On unspecified dates he appealed against his detention.
31. On 21 December 2018 and on 22 May 2019 the Regional Court and
the Supreme Court of Russia respectively dismissed the applicant’s appeals.
32. On an unspecified date in 2019 the applicant challenged the
lawfulness of his continued detention in custody, but on 27 September 2019
the District Court declared that it was lawful.
RELEVANT LEGAL FRAMEWORK AND PRACTICE
I. LEGAL FRAMEWORK
A. Russian Citizenship Act (no. 62-FZ of 31 May 2002
33. Section 22 of the Act in its relevant part reads as follows:
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