ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
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passport, they could not find employment or receive medical assistance,
pensions or social benefits. Article 8 reads as follows:
“1. Everyone has the right to respect for his private and family life, his home and
his correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
A. The Government’s submissions
91. The Government argued firstly that the applicants had abused the
right of individual petition, having failed to inform the Court that they had
been granted Russian citizenship on 14 April 2009 and 23 April 2013
respectively, in breach of their duty under Rule 47 § 7 (formerly Rule 47
§ 6) of the Rules of Court to keep the Court informed of all circumstances
relevant to the application. In the Government’s view, this constituted an
essential element in the examination of the applicants’ complaints,
complaints which should thus be declared inadmissible under Article 35
§§ 3 (a) and 4.
92. As regards application no. 7549/09, the Government conceded that
the seizure of the first applicant’s Russian passport had constituted an
interference with her rights under Article 8 of the Convention. However,
they argued that even though the procedure relating to the seizure of her
Russian passport had been found to be unlawful, this did not apply to the
fact of the seizure as such. That decision had been well-founded and based
on the fact that the first applicant had not properly acquired Russian
citizenship. The interference had thus been lawful and necessary in a
democratic society. Furthermore, the first applicant had eventually been
granted Russian citizenship under a simplified procedure.
93. As regards application no. 33330/11, in the Government’s view,
there had been no interference with the second applicant’s rights for the
purposes of Article 8 § 1 of the Convention. In contrast to Smirnova
v. Russia (nos. 46133/99 and 48183/99, ECHR 2003-IX (extracts)), his
passport had not been seized, so he had retained an identity document, and
he had failed to show how the refusal to exchange his passport had affected
his rights and freedoms. Furthermore, the second applicant had at all times
been provided with appropriate advice from State agencies concerning his
situation, and had eventually applied for and been granted Russian
citizenship in 2013, and a new Russian passport had been issued to him.
94. The Government further argued that the two cases at hand were
substantially different from the case of Smirnova. In the latter case, the
applicant had been a Russian citizen, whereas in the present case the