10
KIM v. RUSSIA JUDGMENT
times, asking it to issue a travel document for the applicant. It is true that the
Russian authorities could not compel the Embassy to issue such a
document. However, there is no indication that they pursued the matter
vigorously or endeavoured to enter into negotiations with the Uzbek
authorities with a view to expediting its delivery (compare Amie and Others
v. Bulgaria, no. 58149/08, § 77, 12 February 2013; Raza v. Bulgaria,
no. 31465/08, § 73, 11 February 2010; Tabesh, cited above, § 56; and
Louled Massoud, cited above, § 66).
51. It is a matter of particular concern to the Court that the Russian
authorities sent their first letter to the Embassy of Uzbekistan more than
four months after the applicant’s placement in custody. The letter concerned
the applicant and twelve other individuals who were presumed to be
nationals of Uzbekistan. While administrative convenience may call for a
group treatment of similar requests under different circumstances, the fact
that the applicant was in detention required special diligence from the
authorities and the four-month delay was clearly in breach of that
requirement (see Tabesh, cited above, § 56, in which the authorities
remained passive for three months).
52. Upon receipt of the letter from the Uzbek authorities dated
5 February 2013, the Russian authorities became aware that the applicant’s
expulsion to Uzbekistan was no longer a realistic prospect because he was
not a national of that State. The Government have not provided evidence of
any efforts having been made to secure the applicant’s admission to a third
country. There is no indication that they asked him to specify such a country
or that they took any steps to explore that option on their own initiative
(compare Amie and Others, cited above, § 77). The Court reiterates that
detention cannot be said to have been effected with a view to the applicant’s
deportation if this was no longer feasible (see Mikolenko v. Estonia,
no. 10664/05, §§ 64-65, 8 October 2009). This was also conceded by the
respondent Government.
53. The Court further reiterates that the domestic authorities have an
obligation to consider whether removal is a realistic prospect and whether
detention with a view to removal is from the outset, or continues to be,
justified (see Amie and Others, cited above, § 77, and Louled Massoud,
cited above, § 68). In such circumstances the necessity of procedural
safeguards becomes decisive. However, the Court has already established
that the applicant did not have any effective remedy by which to contest the
lawfulness and length of his detention, and the Government have not
pointed to any other normative or practical safeguard. It follows that the
Russian legal system did not provide for a procedure capable of preventing
the risk of arbitrary detention pending expulsion (see Azimov, cited above,
§§ 153-54; Louled Massoud, cited above, § 71, and, mutatis mutandis,
Soldatenko v. Ukraine, no. 2440/07, § 114, 23 October 2008). In the
absence of such safeguards, the applicant spent the entire two-year period,