On the basis of this decision, the director of the Federal Migration Service
office for Saint Petersburg and Leningrad Oblast filed a request in court
to permit Mskhiladze’s deportation as required by Clause 11 of Article
31 of the Federal Law “On the Legal Situation of Foreign Nationals in the
Russian Federation.” The Krasnoselsky District Court of Saint Petersburg
granted this request and, in March 2015, placed Mskhiladze in a foreign
national temporary detention center. However, it was not possible to
deport Mskhiladze to Georgia because there was no document confirming
his Georgian citizenship. An official response was received from Georgia
stating that Mskhiladze was not a citizen of this country.
Mskhiladze was released from the detention center six months later
because he could not be deported, but, because he was still stateless, he
was soon re-arrested for violating migration rules and again placed in a
foreign national detention center.
Mskhiladze’s defense attorney made numerous attempts to achieve
judicial control over the lawfulness and reasonableness of his extended
deprivation of liberty and attain his release, but none of these attempts
were successful. Mskhiladze remained in the detention center, even though
general jurisdiction courts established that he was a stateless person and
that his expulsion could not be executed because no other state, including
Georgia, recognized him as its citizen and thus there was no country in the
world that he had the right to enter.
In the appeal filed with the Constitutional Court, Mskhiladze’s attorney
noted that Russian law does not provide for the opportunity to review a ruling
on administrative expulsion or to stop its execution, even if expulsion is not possible. This kind of indefinite deprivation of liberty violates fundamental human
rights and freedoms; therefore, Article 31.7 (Termination of the Enforcement of
a Decision to Impose an Administrative Penalty) and Article 31.9 (Limitation Period for Enforcing a Ruling to Impose an Administrative Penalty) of the RF Code
of Administrative Proceedings should be acknowledged as contravening the RF
Constitution.
In their responses and oral presentations at the Constitutional Court session,
representatives of all the government agencies involved refused to acknowledge
a violation of the RF Constitution in this case, although they agreed that applicant
Mskhiladze’s rights had been violated and that a number of legislative acts needed
to be amended. Some responses rejected obvious and numerous facts from judicial
practice: for example, a representative of the Federal Bailiffs Service stated that he
does not see any barriers to executing the expulsion of stateless persons. He called
the application filed by bailiffs on the impossibility of expelling stateless persons the
“personal opinion” of certain members of the service.
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