ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
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valid passport in 2010, found themselves not only in a situation comparable
to that in Smirnova, cited above, but also having to face consequences
affecting their social identity far more fundamentally. As a result of the
FMS’s decision to the effect that they had never properly acquired Russian
citizenship, the applicants were deprived of any legal status in Russia (see
paragraph 81 above). They became stateless persons, and remained so until
2010 and 2013 respectively, when Russian citizenship was granted to each
of them under a new procedure.
126. Therefore, even though the authorities may be considered to have
acted appropriately, once the scale and importance of the problem were
recognised, in the Court’s view, it remains the case that it took from 2007,
when the Ombudsman drew attention to the issue, until 2013 for the general
problem to be resolved. The fact that an oversight on the part of the
authorities resulted in consequences for the applicants so severely affecting
their private life amounts to an interference which was arbitrary. Hence the
authorities failed to act diligently.
(c) Conclusion
127. There has accordingly been a violation of Article 8 of the
Convention.
III. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
128. The second applicant complained under Article 6 of the Convention
that the proceedings he had instituted to challenge the refusal to exchange
his passport had been unfair. In so far as relevant, Article 6 reads:
“In the determination of his civil rights and obligations ... everyone is entitled to a
fair ... hearing ... by [a] ... tribunal ...”
129. The Court reiterates that the right to a passport is not a civil right
for the purposes of Article 6 of the Convention (see Peltonen v. Finland,
no. 19583/92, Commission decision of 20 February 1995; Karassev and
family v. Finland, no. 31414/96, Commission decision of 14 April 1998;
Šoć v. Croatia (dec.), no. 47863/99, 29 June 2000; Sergey Smirnov v. Russia
(dec.), no. 14085/04, 6 July 2006; and Lolova and Popova v. Bulgaria
(dec.), no. 68053/10, § 57, 20 January 2015).
130. It follows that this complaint is incompatible ratione materiae with
the provisions of the Convention within the meaning of Article 35 § 3, and
that this part of the application must be rejected in accordance with
Article 35 § 4.