ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
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Russian passports and applied to exchange them. Their old passports were
seized and the issue of new ones was refused on the grounds that the
previous passports had been issued to them “in error” through no fault of
their own. Thousands of people were affected by this practice, and in most
cases there were no judicial decisions. Many regional ombudsmen also
issued special reports on the practice of seizing passports.
74. The Ombudsman pointed out that for several years following the
disintegration of the Soviet Union, there had been neither a streamlined
procedure in Russia on the acquisition or recognition of Russian citizenship
nor a standard document evidencing such citizenship. In such
circumstances, between 1997 and 2007 Russian passports had been issued
to 162.4 million people. Over 126 million passports had been issued before
2004. When people born in other republics of the former Soviet Union
obtained Russian passports, they simultaneously acquired the rights and
obligations of Russian citizenship: they voted, paid taxes, received
education, served in the army, and obtained other documents, including the
international passport required for travelling abroad. As in all cases, the
issue of a passport followed a check on whether the person was a Russian
citizen; all holders of a Russian passport were supposed to have undergone
such a check at least once. Those who subsequently applied for an
international passport or to exchange their Russian passport had to have
successfully undergone the check a number of times. Hence, there could be
no fault or bad faith on the part of those persons, by virtue of the fact that
they had been granted Russian passports. And yet, several thousand Russian
passports had been seized on the grounds that they had been “erroneously
issued”, whereas, according to the Ombudsman, breaches of the procedure
for issuing passports, if any, were due to the negligence of the staff of the
competent State agencies and the fact that they were not appropriately
qualified, or even due to crimes committed by them for pecuniary gain.
75. The Ombudsman further referred to a claim submitted by the Saratov
Region prosecutor’s office to the Fedorovskiy District Court, whereby the
prosecutor’s office had sought to have declared unlawful the local FSM
branch’s practice of seizing Russian passports on the grounds of “doubts
that they had been lawfully issued to persons born outside the Russian
Federation”. According to the prosecutor’s office, since a Russian passport
attested to Russian citizenship, it might only be seized where citizenship
was revoked on the basis of a court decision establishing that the person in
question had submitted false information or documents in order to acquire
it. However, the Fedorovskiy District Court had dismissed the application,
having found that issues concerning citizenship were in the sole competence
of the President and his competent executive agencies. The Ombudsman
pointed out in this respect that the courts were not precluded from
establishing facts which had served as the basis for a decision to issue a
passport.