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.

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