TATISHVILI v. RUSSIA JUDGMENT
7
III. RELEVANT COUNCIL OF EUROPE DOCUMENTS
33. Resolution 1277 (2002) on honouring of obligations and
commitments by the Russian Federation, adopted by the Parliamentary
Assembly of the Council of Europe on 23 April 2002, noted in the relevant
part as follows:
“8. However, the Assembly is concerned about a number of obligations and major
commitments with which progress remains insufficient, and the honouring of which
requires further action by the Russian authorities:
...
xii. whilst noting that the Russian federal authorities have achieved notable progress
in abolishing the remains of the old propiska (internal registration) system, the
Assembly regrets that restrictive registration requirements continue to be enforced,
often in a discriminatory manner, against ethnic minorities. Therefore, the Assembly
reiterates its call made in Recommendation 1544 (2001), in which it urged member
states concerned 'to undertake a thorough review of national laws and policies with a
view to eliminating any provisions which might impede the right to freedom of
movement and choice of place of residence within internal borders'...”
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 2 OF PROTOCOL No. 4
34. The applicant complained about the domestic authorities' arbitrary
refusal to certify her residence at the chosen address, which had
substantially complicated her daily life and rendered uncertain her access to
medical care. The Court decided to examine this complaint under Article 2
of Protocol No. 4, which reads in the relevant parts as follows:
“1. Everyone lawfully within the territory of a State shall, within that territory, have
the right to liberty of movement and freedom to choose his residence.
...
3. No restrictions shall be placed on the exercise of these rights other than such as
are in accordance with law and are necessary in a democratic society in the interests
of national security or public safety, for the maintenance of ordre public, for the
prevention of crime, for the protection of health or morals, or for the protection of the
rights and freedoms of others.
4. The rights set forth in paragraph 1 may also be subject, in particular areas, to
restrictions imposed in accordance with law and justified by the public interest in a
democratic society.”