KIM v. RUSSIA JUDGMENT 13 to put an end to the violation found by the Court and to redress as far as possible the effects. 68. The present case has disclosed violations of some of the core rights protected by the Convention – prohibition of ill-treatment and the right to liberty – which were not prevented through domestic legal remedies. A situation similar to the one obtaining in the instant case arose in a case of three stateless persons of Roma origin who had spent almost one year in the same detention centre for aliens in St Petersburg pending their administrative removal from Russia, without judicial review of their detention. That case was terminated by way of a friendly settlement, with the Government undertaking to pay a sum of money to the applicants (see Lakatosh and Others v. Russia (dec.), no. 32002/10, 7 June 2011). In Azimov and follow-up cases the Court found a violation of Article 5 § 4 of the Convention on account of the fact that during the term of the applicants’ detention pending expulsion they did not have at their disposal any procedure for judicial review of its lawfulness in the light of new factors which emerged subsequent to the decision on their initial placement in custody (see Azimov, cited above, §§ 153-54). 69. In principle, it is not for the Court to determine possible appropriate measures of redress for a respondent State to carry out in accordance with its obligations under Article 46 of the Convention. With a view, however, to helping the respondent State fulfil its obligations under Article 46, the Court may seek to indicate the type of individual and/or general measures that might be taken in order to put an end to the situation it has found to exist (see Stanev v. Bulgaria [GC], no. 36760/06, § 255, 17 January 2012; Scoppola v. Italy (no. 2) [GC], no. 10249/03, § 148, ECHR 2009; and Broniowski v. Poland [GC], no. 31443/96, § 194, ECHR 2004-V). The Court’s concern is to facilitate the rapid and effective suppression of a malfunction in the national system of human-rights protection. In that connection, the Court considers that general measures at the national level are undoubtedly called for in the execution of the present judgment (see Driza v. Albania, no. 33771/02, § 125, ECHR 2007-V (extracts), and Louled Massoud, cited above, § 47). A. General measures to prevent similar violations 70. In view of its finding of a violation of Article 5 § 4 in the instant case, the Court considers that it is necessary to indicate the general measures required to prevent other similar violations in the future. It has found a violation of Article 5 § 4 on account of the fact that the applicant, who was held in custody pending his expulsion from Russia, was unable to institute proceedings by which the lawfulness of his detention could be examined by a court and his release ordered if the detention ceased to be justified (see paragraph 43 above).

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