14 KIM v. RUSSIA JUDGMENT 71. Thus, the Court considers that the respondent State must above all, through appropriate legal and/or other measures, secure in its domestic legal order a mechanism which allows individuals to institute proceedings for the examination of the lawfulness of their detention pending removal in the light of the developments in the removal proceedings. The Court reiterates that although it is not always necessary that an Article 5 § 4 procedure be attended by the same guarantees as those required under Article 6 for criminal or civil litigation, it must have a judicial character and provide guarantees appropriate to the type of deprivation of liberty in question (see A. and Others v. the United Kingdom, cited above, § 203, and Idalov v. Russia [GC], no. 5826/03, § 161, 22 May 2012). 72. The Court has also found a violation of Article 5 § 1 of the Convention on account of the unreasonable duration of the applicant’s detention. Accordingly, it recommends that the respondent State envisage taking the necessary general measures to limit detention periods so that they remain connected to the ground of detention applicable in an immigration context (see paragraph 55 above, Suso Musa v. Malta, no. 42337/12, § 123, 23 July 2013, and the Constitutional Court’s decision no. 6-P cited in paragraph 25 above). B. Remedial measures in respect of the applicant 73. The Court further notes that, in addition to being stateless, the applicant appears to have no fixed residence and no identity documents. The Court is therefore concerned that following his release, the applicant’s situation has remained irregular from the standpoint of Russian immigration law. He thus risks exposure to a new round of prosecution under Article 18.8 of the Code of Administrative Offences, cited in paragraph 23 above. 74. The Court is therefore convinced that it is incumbent upon the Russian Government to avail itself of the necessary tools and procedures in order to prevent the applicant from being re-arrested and put in detention for the offences resulting from his status of a stateless person. Given the variety of means available to achieve this aim and the nature of the issues involved, the Committee of Ministers is better placed than the Court to assess the specific individual measures to be taken. It should thus be left to the Committee of Ministers to supervise, on the basis of the information provided by the respondent State and with due regard to the applicant’s evolving situation, the adoption of such measures that are feasible, timely, adequate and sufficient to ensure the maximum possible reparation for the violations found by the Court (see Savriddin Dzhurayev v. Russia, no. 71386/10, § 255, ECHR 2013 (extracts)).

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