Three plaintiffs were held in the accomodation center for migrants in the town of Maloyaroslavets after local court had found them guilty of violating immigration laws. The European Court of Human Rights established that Russia must secure the release of the plaintiffs and make payments to them. The case was worked on by Natalya Golovanchuk, the lawyer of the Bar Association “Philippov & Partners”, who cooperates with “Migration and Law” Network of Memorial Human Rights Center.
European Court of Human Rights (ECtHR) has found a violation of several articles of European Convention on Human Rights in the case of group of Syrian citizens against Russia. This is a pecedent for dealing the cases of this kind.
According to the meaterials of this case, three plaintiffs, one of them is Syrian Palestinian without citezenship, at the moment of submission of their claims were detained in the accomodation center for migrants in the town of Maloyaroslavets. They entered the territory of Russian Federation in 2013. In March 2014 one of them applied for refugee status, but was refused. In April 2014 the plaintiffs have been arrested in a sewing workshop in Maloyaroslavets. Local court found them guilty of violating the law. Since then, two plaintiffs are staying in the accomodation center for migrants, the third one escaped.
According to the text of the court decision, posted on the ECtHR website, the following articles were violated in the case of three Syrian citizens: Article 5, paragraph 1f (lawful arrest or detention of a person to prevent his illegal entry in the country, or a person against whom arrangements on his deportation or extradition are being made), Article 5, paragraph 4 (everyone, who is deprived of his liberty by arrest or detention, has the right to immediate judicial review of the detention and the right to release ordered if the detention is not lawful).
“The Court decided that in accordance to the Article 46 (binding force and implementation of decisions) Russia must secure the immediate release of the two plaintiffs, who yet remain in detention”, the document says.
The document also says that Russian Federation has not fully compiled the obligations on the Article 34 of European Convention on Human Rights related to the court procedure of individual complaints’ consideration.
The Court established to pay nine thousand euros to each of the plaintiffs for non-pecuniary damage and eight thousand six hundred euros for legal costs.