KIM v. RUSSIA JUDGMENT 9 2. Compliance with Article 5 § 1 of the Convention 46. The Government acknowledged a violation of Article 5 § 1 (f) in respect of the time period after 5 February 2013, the date on which the letter from the Embassy of Uzbekistan made it clear that the applicant’s expulsion to Uzbekistan was impossible. As regards the preceding period, the Government submitted that the lengthy detention was accounted for by an “objective reason”, notably the absence of information from the Embassy of Uzbekistan. The domestic authorities had shown “special diligence” in the conduct of the expulsion proceedings. 47. The applicant submitted that the Russian authorities had not conducted the expulsion proceedings with due diligence. This lack of due diligence on their part was exemplified in several ways. Firstly, no effort had been made to contact the Uzbek authorities in the first four months and eleven days of his detention. Secondly, the Russian authorities had sent no fewer than four letters to the Embassy of Uzbekistan in Moscow, but a first reply was received more than one year and two months after the despatch of the first letter. Thirdly, there had been no justification for the applicant’s detention after 5 February 2013, when the Russian authorities had become aware that he was not an Uzbek national. Finally, the applicant pointed out that he had been kept in detention pending expulsion: thus, there had been no complex extradition proceedings and the only issue to be determined had been whether at least one State was willing and able to receive him. 48. The applicant was held in custody with a view to his expulsion from Russia, which is a form of “deportation” in terms of Article 5 § 1 (f) of the Convention (see Azimov, cited above, § 160). Accordingly, the deprivation of the applicant’s liberty fell within the ambit of Article 5 § 1 (f). 49. Article 5 § 1 (f) does not demand that detention be reasonably considered necessary, for example to prevent an individual from committing an offence or fleeing. Any deprivation of liberty under the second limb of Article 5 § 1 (f) will be justified, however, only for as long as deportation or extradition proceedings are in progress. If such proceedings are not prosecuted with due diligence, the detention will cease to be permissible under Article 5 § 1 (f) (see Chahal v. the United Kingdom, 15 November 1996, § 113, Reports of Judgments and Decisions 1996-V). To avoid being branded as arbitrary, detention under Article 5 § 1 (f) must be carried out in good faith; it must be closely connected to the ground of detention relied on by the Government; the place and conditions of detention should be appropriate; and the length of the detention should not exceed that reasonably required for the purpose pursued (see A. and Others v. the United Kingdom [GC], no. 3455/05, § 164, ECHR 2009). 50. The Court notes that the applicant remained in detention pending the enforcement of the order for his expulsion for a total period of two years and ten days. It appears that the only steps taken by the Russian authorities during that time were to write to the Embassy of Uzbekistan in Moscow five

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