40
L.M. AND OTHERS v. RUSSIA JUDGMENT
the means to be used in its domestic legal order to discharge its obligation
under Article 46 of the Convention (see Scozzari and Giunta, cited above;
Brumărescu v. Romania (just satisfaction) [GC], no. 28342/95, § 20,
ECHR 2001-I; and Öcalan v. Turkey [GC], no. 46221/99, § 210,
ECHR 2005-IV).
166. However, with a view to helping the respondent State to 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 Broniowski v. Poland [GC],
no. 31443/96, § 194, ECHR 2004-V, and Scoppola v. Italy (no. 2) [GC],
no. 10249/03, § 148, 17 September 2009).
167. In certain situations, the Court can exceptionally indicate the
specific remedy or other measure to be taken by the respondent State (see,
for instance, Assanidze v. Georgia [GC], no. 71503/01, point 14 of the
operative part of the judgment, ECHR 2004-II; Oleksandr Volkov
v. Ukraine, no. 21722/11, § 208, ECHR 2013; Del Río Prada v. Spain [GC],
no. 42750/09, § 139, ECHR 2013; and Amirov v. Russia, no. 51857/13,
§ 118, 27 November 2014). Whenever the Court takes this adjudicative
approach, it does so with due respect for the Convention organs’ respective
functions: it falls to the Committee of Ministers to evaluate the
implementation of individual and general measures under Article 46 § 2 of
the Convention (see Kudeshkina v. Russia (no. 2) (dec.), no. 28727/11, § 58,
17 February 2014, with further references).
168. In the instant case the Court considers that it is necessary, in view
of its finding of a violation of Article 5 § 1 (f) of the Convention, to indicate
individual measures for the execution of this judgment. It has found a
violation of that Article and concluded that after 27 May 2014 the
applicants’ detention did not fall within the list of exceptions to the right to
liberty set out in Article 5 § 1 (f) of the Convention since no “action [was]
being taken with a view to [their] deportation or extradition”. Moreover, as
the Court has already found, this detention was not attained by the requisite
procedural guarantees, and general measures are expected from the
Respondent Government in order to correct this situation (see Kim, cited
above, § 71).
169. Having regard to the particular circumstances of the case and to the
urgent need to put an end to the violation of the Convention it has found, the
Court considers it incumbent on the respondent State to ensure that
applicants L.M. and M.A. are released immediately.
B. Article 41 of the Convention
170. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the
Protocols thereto, and if the internal law of the High Contracting Party concerned
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