ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
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encompasses, inter alia, the right to establish and develop relationships with
other human beings (see Niemietz v. Germany, 16 December 1992, § 29,
Series A no. 251-B), the right to “personal development” (see Bensaid v. the
United Kingdom, no. 44599/98, § 47, ECHR 2001-I) and the right to
self-determination (see Pretty v. the United Kingdom, no. 2346/02, § 61,
ECHR 2002-III).
108. The Court has accepted that an arbitrary denial of citizenship
might, in certain circumstances, raise an issue under Article 8 of the
Convention because of its impact on the private life of the individual (see
Karassev v. Finland (dec.), no. 31414/96, ECHR 1999-II, and Genovese
v. Malta, no. 53124/09, § 30, 11 October 2011). Recently, the Court has
accepted that the same principles must apply to the revocation of citizenship
already obtained, since this might lead to a similar – if not greater –
interference with the individual’s right to respect for family and private life
(see Ramadan v. Malta, no. 76136/12, § 85, ECHR 2016 (extracts), and K2
v. the United Kingdom (dec.), no. 42387/13, 7 February 2017). In
determining whether a revocation of citizenship is in breach of Article 8, the
Court has addressed two separate issues: whether the revocation was
arbitrary, and what the consequences of revocation were for the applicant.
109. In determining arbitrariness, the Court has had regard to whether
the revocation was in accordance with the law; whether it was accompanied
by the necessary procedural safeguards, including whether the person
deprived of citizenship was allowed the opportunity to challenge the
decision before courts affording the relevant guarantees; and whether the
authorities acted diligently and swiftly (see Ramadan, cited above, §§ 86-89
and K2, cited above, § 50).
2. Application to the present case
110. The Court notes that, in the present case, the domestic procedure
applied to the applicants was not that of revocation of citizenship. Rather,
the domestic authorities found that the applicants had never properly
acquired Russian citizenship, due to certain irregularities in the relevant
proceedings in 1994 and 1998 respectively. However, the Court does not
find that the qualification of the procedure under domestic law is of crucial
importance in the present case, and considers that the principles referred to
above in paragraphs 107 and 109 are applicable.
(a) Consequences for the applicants
111. The Court will first examine the consequences of the seizure of the
first applicant’s Russian passport and the refusal to exchange the second
applicant’s Russian passport.
112. In the first place, the decisions to the effect that the applicants had
never acquired Russian citizenship deprived them of any legal status in