organizations. At his urgent request, in March 2015 he was invited to
the FMS office, where documents were collected from him to establish his
identity. After repeated complaints from his attorneys, he was issued a
certificate establishing his identity, but he is still a stateless person because
he does not have valid documents confirming his right to legally reside in
Russia.71
On July 17, 2014, the ECtHR issued a judgment in Kim’s case.72 Under this
judgment, they found the Russian Federation guilty of violating Article 3 (inhuman
detention conditions), Clause 1 of Article 5 (extended detention with no prospect of
expulsion), Clause 4 of Article 5 (violation of the right of prisoners to appeal and judicial control over the lawfulness and length of detention). The Court obligated Russia to take measures of a general nature to improve the situation in order to prevent
similar violations in the future.
These general measures include amendments to laws that eliminate violations of
the rights of people in foreign national detention centers (control over the length and
lawfulness of confinement in one of these centers, improved detention conditions)
and prevent stateless persons from being confined in these institutions (creation of an
effective procedure for the legalization of stateless persons, including people who
have not been able to acquire legal status for decades).
Unfortunately, however, the Russian government has not taken any general
measures to implement the ECtHR’s judgment. It has not made systemic changes to
laws or law enforcement practice, while the individual positive changes it has made
have been inconsistent and fleeting.
In an attempt to attain implementation of the Kim judgment and amendments to
laws as part of the general measures specified by the ECtHR, ADC Memorial lodged
a complaint with the Constitutional Court of the Russian Federation in the case of
another stateless person – Noe Mskhiladze.
Noe Mskhiladze, who was born in the Georgian Soviet Socialist Republic,
has been living in Saint Petersburg since 1988. In December 2014, the
RF Ministry of Justice adopted a decision about the undesirability of
Mskhiladze’s stay in Russia because of his several criminal convictions.
71 The human rights report of ADC Memorial “Violations of the Rights of Stateless
Persons and Foreign Citizens in Light of the ECHR Judgment in ‘Kim v. Russia’” (2016) was
devoted to Kim’s case, https://adcmemorial.org/www/publications/human-rights-report-ofadc-memorial-violations-of-the-rights-of-stateless-persons-and-foreign-citizens-in-temporaryforeign-national-detention-centers-in-light-of-the-echr-judgment-in-kim-v-russia?lang=en
72 Judgement of the European Court of Human Rights in the case of “Kim v. Russia”
(application no. 44260/13), https://www.refworld.org/cases,ECHR,53c7957e4.html
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