L.M. AND OTHERS v. RUSSIA JUDGMENT 33 141. The Court reiterates that, since its Azimov judgment, which concerned a similar complaint (cited above, § 153), it has found a violation of Article 5 § 4 in a number of cases against Russia on account of the absence of any domestic legal provision which could have allowed an applicant to bring proceedings for a judicial review of his detention pending expulsion (see Kim, §§ 39-43, and Rakhimov, §§ 148-50, both cited above; Akram Karimov v. Russia, no. 62892/12, §§ 199-204, 28 May 2014; and also Egamberdiyev, cited above, § 64). In the Kim case, the Government acknowledged a violation of Article 5 § 4 and, having regard to the recurrent nature of the violation, the Court directed that the Russian authorities should “secure in [their] 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” (cited above, § 71). 142. As in the above cases, the applicants in the present case did not have at their disposal a procedure for a judicial review of the lawfulness of their detention. Accordingly, the Court finds that there has been a violation of Article 5 § 4 of the Convention in respect of all three of them. 2. Compliance with Article 5 § 1 (f) of the Convention (a) The parties’ submissions 143. The Government disputed the allegations. They were of the opinion that since the expulsion order remained valid, but was only temporarily stopped through the application of interim measures by the Court, the authorities still had lawful grounds to detain the applicants pending expulsion. They pointed out that the applicants’ illegal residence in Russia was weighted towards maintaining detention as a measure to ensure compliance with the domestic court order. They also pointed out that the relevant provisions of the Code of Administrative Offences did not allow for another measure of restraint, and that there were therefore no grounds for the applicants’ release while the expulsion order remained in force (see paragraph 62 above). The Government were of the opinion that while no time-limit for the applicants’ detention had been stipulated, the maximum term of enforcement of an administrative penalty was two years. The applicants were able to seek a supervisory review of the expulsion and ensuing detention orders if there was a significant change in their circumstances. 144. The applicants stressed that the court decisions did not stipulate the maximum length of this detention. Other than the requirement that the expulsion order be executed within the two-year time-limit, the Code of Administrative Offences did not contain any provisions governing the length of detention pending expulsion, and therefore lacked legal certainty. Moreover, there was a conflict between the position of the Federal Bailiff

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents