18
ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
establish with certainty the applicants’ intention to mislead it (see, by
contrast, Gross, cited above, § 36).
101. In view of the above, the Court does not consider that the
applicants’ conduct amounted to an abuse of the right of petition.
Accordingly, the Government’s objection is dismissed.
2. Victim status
102. The Court must first ascertain whether the applicants remain
victims of an alleged violation of Article 8, when account is taken of the
fact that on 14 April 2009 and 23 April 2013 respectively they were granted
Russian citizenship.
103. The Court reiterates that a decision or measure favourable to the
applicant is not in principle sufficient to deprive him of his status as a
“victim” unless the national authorities have acknowledged, either expressly
or in substance, and then afforded redress for, the breach of the Convention
(see Scordino v. Italy (no. 1) [GC], no. 36813/97, § 180, ECHR 2006-V).
104. In the cases at hand, there is no evidence that the authorities have
acknowledged a breach of the applicants’ rights in connection with the
seizure of the first applicant’s Russian passport in 2006 and the refusal to
exchange the second applicant’s Russian passport in 2010. Furthermore, the
Court notes that the applicants’ complaints concern not just the very fact of
the seizure of the passport or the refusal to exchange it, but the whole scope
of the ensuing practical difficulties they encountered in their everyday life
on account of the lack of a valid identity document. In the Court’s view, the
fact that the applicants were eventually granted Russian citizenship could
not in itself be considered to constitute sufficient redress for the fact that,
over the course of several years, each of the applicants had been a stateless
person without a valid passport. The Court has no information in respect of
any other type of redress which may have been afforded to them.
105. The Court therefore concludes that the applicants can still be
considered victims.
3. Conclusion
106. The Court notes that this complaint 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.
D. Merits
1. General principles
107. The Court reiterates that the notion of “private life” within the
meaning of Article 8 of the Convention is a broad concept which