L.M. AND OTHERS v. RUSSIA JUDGMENT
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been placed in custody pursuant to a court order are detained in special
facilities pending execution of the decision on administrative removal.
62. Article 3.10 § 1 of the Code of Administrative Offences defines
administrative removal as the forced and controlled removal of a foreign
national or stateless person across the Russian border. Under Article 3.10
§ 2, administrative removal is imposed by a judge or, in cases where a
foreign national or stateless person has committed an administrative offence
upon entry into the Russian Federation, by a competent public official.
Under Articles 3.10 § 5, 27.1 § 1 and 27.19 § 2, for the purposes of
executing the decision on administrative removal a judge may order that the
foreign national or stateless person be placed in a special facility which they
are not allowed to leave at will.
63. Under Article 31.9 § 1, a decision imposing an administrative
penalty ceases to be enforceable two years after the decision became final.
64. Article 3.9 provides that an administrative offender can only be
punished with administrative detention in exceptional circumstances, for a
maximum of thirty days.
B. Ruling 6-P of the Constitutional Court
65. In decision no. 6-P of 17 February 1998, the Constitutional Court
stated, with reference to Article 22 of the Constitution concerning the right
to liberty and personal integrity, that a person subject to administrative
removal could be placed in detention without a court order for a term not
exceeding forty-eight hours. Detention for over forty-eight hours was only
permitted on the basis of a court order, provided that the administrative
removal could not be effected otherwise. The court order was necessary to
guarantee protection not only from arbitrary detention of over forty-eight
hours, but also from arbitrary detention itself, while the court assessed the
lawfulness of and reasons for placing the person in custody. The
Constitutional Court further noted that detention for an indefinite term
would amount to an inadmissible restriction on the right to liberty as it
would constitute punishment not provided for in Russian law and which was
contrary to the Constitution.
C. Legislation on refugee status and temporary asylum
66. For a summary of the relevant general provisions of the Refugees
Act of Russia (Law no. 4258-I of 19 February 1993), see Kasymakhunov
v. Russia (no. 29604/12, §§ 83-86, 14 November 2013).
67. For a summary of the relevant provisions on temporary asylum, see
Tukhtamurodov v. Russia ((dec.), no. 21762/14, 20 January 2015, §§ 24-27).
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