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ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
to avoid, as far as possible, cases of statelessness, the Council of Europe
drew up the 1997 European Convention on Nationality. One of its
principles, provided for in Article 4, is that “statelessness shall be avoided”.
Article 6 provides that each State Party must facilitate in its internal law the
acquisition of its nationality for stateless persons. Article 7, however,
specifies that a State Party may not provide in its internal law for the loss of
its nationality if the person concerned would thereby become stateless, with
the exception of cases of acquisition of the nationality of the State Party by
means of fraudulent conduct, false information or concealment of any
relevant fact attributable to that person.
87. This Convention was signed by Russia on 6 November 1997 but has
not been ratified.
88. On 15 September 1999 the Committee of Ministers of the Council of
Europe adopted Recommendation No. R (99) 18 on the avoidance and
reduction of statelessness. In particular, concerning the avoidance of
statelessness as a consequence of loss of nationality, it recommends, in so
far as relevant, the following:
“C. Avoiding statelessness as a consequence of loss of nationality
...
c. In order to avoid, as far as possible, situations of statelessness, a State should not
necessarily deprive of its nationality persons who have acquired its nationality by
fraudulent conduct, false information or concealment of any relevant fact. To this
effect, the gravity of the facts, as well as other relevant circumstances, such as the
genuine and effective link of these persons with the state concerned, should be taken
into account;
...”
THE LAW
I. JOINDER OF THE APPLICATIONS
89. The Court considers that, pursuant to Rule 42 § 1 of the Rules of
Court, the applications should be joined, given their common factual and
legal background.
II. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
90. The respective applicants complained under Article 8 of the
Convention that the seizure of the first applicant’s Russian passport and the
refusal to exchange the second applicant’s Russian passport had de facto
deprived them of their constitutional rights. In particular, without a valid