32
L.M. AND OTHERS v. RUSSIA JUDGMENT
136. In view of the above and in the light of all the material in its
possession, the Court finds that the applicants’ complaint under Article 3
about the conditions of detention does not disclose any appearance of a
violation of the rights and freedoms set out in the Convention or its
Protocols. It follows that this part of the application is manifestly
ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and
4 of the Convention.
IV. ALLEGED VIOLATION OF ARTICLE 5 OF THE CONVENTION
137. The applicants complained of a violation of Article 5 § 1 (f)
and 5 § 4. Article 5 of the Convention reads as follows, where relevant:
“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
138. 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
139. The Court will consider firstly whether the possibility of effective
supervision over the applicants’ detention existed and, secondly, whether
their detention was compatible with the requirements of Article 5 § 1 (f)
(see Kim, cited above, § 38, and Azimov v. Russia, no. 67474/11, §§ 146 et
seq., 18 April 2013).
1. Compliance with Article 5 § 4 of the Convention
140. The applicants stressed that they had no access to effective judicial
review of their continued detention. The Government disputed that
argument.
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