respect of whom the administrative removal from the Russian Federation cannot be executed
due to (…) the absence of a state willing to accept such a person’ (RCC Decision p. 27).
This position of the Russian Constitutional Court was further strengthened by the
decision of the European Court of Human Rights in the case Mskhiladze v Russia delivered
six months later (application no. 47741/16, judgment of 13 February 2018).8 The ECtHR
ruled that the prolonged detention of Mr Mskhiladze, especially in the context of his
statelessness amounted to the violation of Articles 5(1) and 5(4) ECHR – right to liberty and
security. The Strasbourg Court awarded Mr Mskhiladze 7,500 EUR of compensation.
Legal productivity of statelessness
In the immediate aftermath of the RCC ruling, Mr Mskhiladze was released from detention
and his case put for fresh consideration before the domestic courts. However, as I argue in
this paper, the consequences of the Constitutional and Strasbourg court rulings go well
beyond this individual case. This RCC decision effectively stipulated that, if deportation or
administrative removal is not effected within three months, then the point of future detention
is questionable also from a human rights perspective, and should therefore be reviewed
before domestic courts. The subsequent developments reveal how the protections affirmed
explicitly with regard to de jure stateless persons can extend to de facto stateless, who may be
nationals of a particular country but whose nationality is ultimately ineffective.
Why was the case of de jure stateless Mr Mskhiladze a good test case to fight? The
Russian justice system generally does not inspire much confidence. There are many scholarly
8
The legal representatives of Mr Mskhiladze applied to ECtHR in parallel to launching a case with the RCC.
Filing an application to Strasburg upon the exhaustion of domestic remedies is the final resort in many
immigration and refugee law cases in Russia (Kubal 2019).
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