KIM v. RUSSIA JUDGMENT
7
expulsion to Uzbekistan. He further complained under Article 5 § 4 of the
Convention that he had been unable to obtain a judicial review of his
detention. The relevant parts of Article 5 provide as follows:
“1. Everyone has the right to liberty and security of person. No one shall be
deprived of his liberty save in the following cases and in accordance with a procedure
prescribed by law:
...
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised
entry into the country or of a person against whom action is being taken with a view
to deportation or extradition.
...
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to
take proceedings by which the lawfulness of his detention shall be decided speedily
by a court and his release ordered if the detention is not lawful. ...”
A. Admissibility
37. The Court notes that this part of the application is not manifestly
ill-founded within the meaning of Article 35 § 3 (a) of the Convention. It
further notes that it is not inadmissible on any other grounds. It must
therefore be declared admissible.
B. Merits
38. The Court will consider firstly whether there existed a possibility of
effective supervision over unlawful or arbitrary detention and secondly
whether the applicant’s detention was compatible with the requirements of
Article 5 § 1 (f) (see Azimov v. Russia, no. 67474/11, § 146 et seq., 18 April
2013; Louled Massoud v. Malta, no. 24340/08, § 29 et seq., 27 July 2010;
and Muminov v. Russia, no. 42502/06, § 112 et seq., 11 December 2008).
1. Compliance with Article 5 § 4 of the Convention
39. The Government acknowledged a violation of Article 5 § 4.
40. The applicant submitted that Russian law does not provide for any
possibility to obtain a meaningful judicial review of the detention of an
individual who is detained pending administrative expulsion (he referred, by
way of comparison, to Tabesh v. Greece, no. 8256/07, § 62, 26 November
2009). Such detention may last up to two years but there is no periodic
judicial review of it. His applications for review were dismissed in a
summary fashion first by the Sestroretsk Town Court and later by the
Krasnoselskiy District Court. In both cases, the St Petersburg City Court
upheld the lower courts’ decisions.