Article 322 of the RF Criminal Code. At the same time, failure to enforce this decision means that the stateless person will be prosecuted a second time, issued another deportation ruling, and confined in a foreign national detention center. In 2014, Ilgar Alimuradov was arrested in Saint Petersburg, found guilty of violating residence rules, and confined in a foreign national detention center in Saint Petersburg, where he spent six months in very difficult conditions: the cells where he was held were overcrowded, and he was only allowed to exercise once a week for a total of 15 minutes. Bailiffs could not execute the deportation ruling because the court did not duly establish his identity or citizenship, did not determine if it would be possible to deport him, and did not take account for the fact that Azerbaijan’s consulate could not confirm his citizenship. It was only through the efforts of attorneys and human rights defenders that the court’s illegal decision was appealed and Alimuradov was released. However, execution of the expulsion ruling was not stopped but replaced with independent controlled departure, which also could not be executed. Two months after his release, Alimuradov was arrested again, this time for failing to execute the expulsion ruling. He was preparing to be confined in the detention center again, but the court refused to prosecute him, thus ending proceedings in his case. Later, in January 2019, the European Court of Human Rights issued a judgment in Alimuradov’s case finding violation of a number of the Convention’s articles: Article 3 (prohibition of torture and inhuman or degrading treatment), Clause 1 of Article 5 (right to liberty and security of person), Clause 4 of Article 5 (right to speedy court review of the lawfulness of detention). Judges are being held hostage to the absence of norms that account for the situation of stateless persons and are forced to issue expulsion rulings because they have no other mechanism for resolving the illegal residence of stateless persons in Russia. This is particularly true for courts in Moscow, Moscow Oblast, Saint Petersburg, and Leningrad Oblast, because violation of residence rules in these areas entails mandatory expulsion. Courts in other regions of Russia do issue expulsion rulings, but they can also order a fine without deportation. In 2013, after years of work in Russian courts on the cases of stateless persons deprived of their liberty in a foreign national temporary detention center, ADC Memorial lodged a complaint with the ECtHR. The applicant in this case was Roman Anatolyevich Kim—a stateless person and ethnic Korean born in Uzbekistan in 1962 and living in Russia since 1990, where he previously served time in prison. Upon his release, Kim found himself “illegal,” like many others who had not completed paperwork for documents prior to the dissolution of the Soviet Union and then spent an extended period in prison. 39

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