Convention for the Protection of Human Rights and Fundamental Freedoms
and found that the punishment of expulsion into a zone of military action
was ill-founded and in contradiction to the principle of humanism and the
requirements of international norms.
In the second case, however, the judge refused to extend the time to file an
appeal, so V.’s attorney had to file an appeal with the deputy chair of the
Saint Petersburg City Court, who recognized that there was a real threat
to V.’s life and health due to the situation in eastern Ukraine and noted
that in this particular situation expulsion would not be in line with the goals
and principles of the punishment imposed and would also contravene
international norms (the International Covenant on Civil and Political
Rights, the Convention Against Torture, and the European Convention). In
the decision, the judge noted that it was important to consider that V. had
filed an application for temporary asylum in Russia in September 2017.
The second decision of the district court was only cancelled in November,
so V. had to spend over two months in the inhuman conditions of the
foreign national detention center. Her common-law husband, who came to
court and begged for V.’s release, passed away without seeing his wife’s
release. Deprived of her liberty, V. was not even able to say goodbye to
him.31
Russian courts have also attempted to expel people from eastern Ukraine who
were already essentially stateless persons:
L., an orphan and former resident of a children’s home, ended up in
Russia immediately following the start of military actions in eastern
Ukraine. When crossing the border, he lost his Ukrainian passport, which
meant that he was not able to return to Ukraine when the period for his
legal stay in Russia ended. In September 2017, a Saint Petersburg court
adopted a decision to expel L. with preplacement in a foreign national
detention center. The Consulate General of Ukraine cold not confirm his
citizenship, since Luhansk Oblast, where L. was registered, was not under
the control of Ukraine. Thus, L. became a stateless person in all but name:
his expulsion could not be realized and his deprivation of freedom in the
detention center became indefinite, with no lawful or attainable goal.
L’s attorney was able to appeal this decision, but L’s expulsion was
not cancelled and was instead replaced with “independent controlled
31 ADC Memorial archives.
18