34
L.M. AND OTHERS v. RUSSIA JUDGMENT
Service, which was of the opinion that the expulsion could not be carried
out and sought to amend the relevant court decisions, and the court
decisions confirming the validity of the measure ordered (see
paragraphs 15-17 above). Lastly, the applicants claimed that such a long
stay in detention significantly exceeded the maximum custodial sentence
permissible under the Code of Administrative Offences, and that their
detention pending expulsion was of a punitive rather than preventive nature.
(b) The Court’s assessment
145. The Court observes that the applicants’ complaint refers to the
period from 15 and 16 April 2014, when the District Court ordered their
detention with a view to their administrative removal (“expulsion”) from
Russia (see paragraph 11 above), to the present day. Since administrative
removal amounts to a form of “deportation” within the meaning of
Article 5 § 1 (f) of the Convention, that provision is applicable in the instant
case.
146. Any deprivation of liberty under the second limb of Article 5 § 1 (f)
will be justified only for as long as deportation or extradition proceedings
are in progress. If such proceedings are not prosecuted with due diligence,
the detention will cease to be permissible under Article 5 § 1 (f)
(see A. and Others v. the United Kingdom [GC], no. 3455/05, § 170, ECHR
2009, with further references). The Court also reiterates that deprivation of
liberty under Article 5 § 1 (f) of the Convention must conform to the
substantive and procedural rules of national law. Compliance with national
law is not, however, sufficient: Article 5 § 1 requires in addition that any
deprivation of liberty should be in keeping with the purpose of protecting
the individual from arbitrariness. The notion of “arbitrariness” in Article 5
§ 1 extends beyond a lack of conformity with national law, so that
deprivation of liberty may be lawful in terms of domestic law but still
arbitrary, and therefore contrary to the Convention. To avoid being branded
as arbitrary, detention under Article 5 § 1 (f) must be carried out in good
faith; it must be closely connected to the grounds of detention relied on by
the Government, the place and conditions of detention must be appropriate,
and the length of the detention must not exceed that reasonably required for
the purpose pursued (see Saadi v. the United Kingdom [GC], no. 13229/03,
§ 74, ECHR 2008; Azimov, cited above, § 161; and Rustamov v. Russia,
no. 11209/10, § 150, 3 July 2012, with further references).
147. It is common ground between the parties that the applicants had
been residing illegally in Russia before their arrest and had therefore
committed an administrative offence potentially punishable by expulsion.
The Court is satisfied that on 15 and 16 April 2014 their detention pending
expulsion was ordered by the court with jurisdiction in the matter and in
connection with an offence punishable by expulsion. The Court accordingly
concludes that the initial decision authorising the applicants’ detention was
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