KIM v. RUSSIA JUDGMENT
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to put an end to the violation found by the Court and to redress as far as
possible the effects.
68. The present case has disclosed violations of some of the core rights
protected by the Convention – prohibition of ill-treatment and the right to
liberty – which were not prevented through domestic legal remedies. A
situation similar to the one obtaining in the instant case arose in a case of
three stateless persons of Roma origin who had spent almost one year in the
same detention centre for aliens in St Petersburg pending their
administrative removal from Russia, without judicial review of their
detention. That case was terminated by way of a friendly settlement, with
the Government undertaking to pay a sum of money to the applicants
(see Lakatosh and Others v. Russia (dec.), no. 32002/10, 7 June 2011). In
Azimov and follow-up cases the Court found a violation of Article 5 § 4 of
the Convention on account of the fact that during the term of the applicants’
detention pending expulsion they did not have at their disposal any
procedure for judicial review of its lawfulness in the light of new factors
which emerged subsequent to the decision on their initial placement in
custody (see Azimov, cited above, §§ 153-54).
69. In principle, it is not for the Court to determine possible appropriate
measures of redress for a respondent State to carry out in accordance with
its obligations under Article 46 of the Convention. With a view, however, to
helping the respondent State fulfil its obligations under Article 46, the Court
may seek to indicate the type of individual and/or general measures that
might be taken in order to put an end to the situation it has found to exist
(see Stanev v. Bulgaria [GC], no. 36760/06, § 255, 17 January 2012;
Scoppola v. Italy (no. 2) [GC], no. 10249/03, § 148, ECHR 2009; and
Broniowski v. Poland [GC], no. 31443/96, § 194, ECHR 2004-V). The
Court’s concern is to facilitate the rapid and effective suppression of a
malfunction in the national system of human-rights protection. In that
connection, the Court considers that general measures at the national level
are undoubtedly called for in the execution of the present judgment (see
Driza v. Albania, no. 33771/02, § 125, ECHR 2007-V (extracts), and Louled
Massoud, cited above, § 47).
A. General measures to prevent similar violations
70. In view of its finding of a violation of Article 5 § 4 in the instant
case, the Court considers that it is necessary to indicate the general
measures required to prevent other similar violations in the future. It has
found a violation of Article 5 § 4 on account of the fact that the applicant,
who was held in custody pending his expulsion from Russia, was unable to
institute proceedings by which the lawfulness of his detention could be
examined by a court and his release ordered if the detention ceased to be
justified (see paragraph 43 above).