12
ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
76. The Ombudsman further criticised Supreme Court decision
no. KAS 06-300, which took the view that a passport merely attested to
Russian citizenship, and that its seizure had no bearing on constitutional
rights. He believed this approach contradicted the Court’s findings in
Smirnova v. Russia (nos. 46133/99 and 48183/99, § 97, ECHR 2003-IX
(extracts)) to the effect that “in their everyday life Russian citizens have to
prove their identity unusually often, even when performing such mundane
tasks as exchanging currency or buying train tickets. The internal passport is
also required for more crucial needs, for example, finding employment or
receiving medical care. The deprivation of the passport therefore
represented a continuing interference with the applicant’s private life”.
77. In the Ombudsman’s view, without a passport, a person could not
fully enjoy constitutional rights and freedoms, because the realisation of
such rights was directly linked to documents confirming his or her identity.
The seizure of such a document entailed the loss of both employment and
the opportunity to find new employment or receive a pension, and the loss
of medical and other types of social security and the opportunity to obtain
travel documents and register a marriage. It limited property rights and also
deprived the person in question of judicial remedies, even that of an appeal
against decisions of the FMS. Therefore, a person whose Russian passport
had been seized would find himself or herself in a worse situation than a
foreign national or a stateless person living in Russia on the basis of a
foreign passport or a residence permit.
78. According to the Ombudsman’s conclusions, where a Russian
passport had been wrongfully issued owing to an error on the part of a State
agency or agencies, the error should be rectified without detriment to the
passport holder. The latter should be unconditionally recognised as a
Russian citizen, at least until it was established that he or she had been
granted Russian citizenship and a passport unlawfully through his or her
own fault.
(b) The Ombudsman’s Annual Report 2009
79. Referring again to the practice of seizing Russian passports on the
grounds that they had been erroneously issued, the Ombudsman reiterated
that, unless the person was found to be responsible for the alleged
irregularities, all those affected by such actions should be recognised as
Russian citizens, regardless of errors that may have been committed by
State agencies when issuing their passports.
80. The Ombudsman further noted that the practice of seizing such
passports had been discontinued. Despite this, it was scarcely possible to
use those passports, since they were all registered with the Ministry of
Internal Affairs as “wanted”. It was usually suggested to the holder of an
“unlawful passport” to apply for a residence permit as a stateless person first