Communicated on 17 October 2019
THIRD SECTION
Applications nos. 45761/18 and 20033/19
N.K. against Russia
and A.Y. against Russia
(see list appended)
STATEMENT OF FACTS
The applicants are nationals of Tajikistan. The applicants’ personal details and the information concerning their applications, the particulars of the domestic proceedings and other relevant information are set out in the Appendix.
COMPLAINTS
Application no. 45761/18
The applicant N.K. complains under Article 3 of the Convention that he would face a real risk of being subjected to treatment in breach of Article 3 of the Convention in the event of his removal to Tajikistan. He further complains that he did not have an effective domestic remedy in respect of his complaint under Article 3, in breach of Article 13 of the Convention.
The applicant further complains that the conditions of detention in SIZO‑4 in Saint-Petersburg, in police stations nos. 38 and 31 in Saint‑Petersburg and in the centre for detention of foreigners (CUVSIG) in Krasnoe Selo have been inhuman and degrading, in breach of Article 3 of the Convention (see Appendix for details).
He also complains, under Article 5 § 4 of the Convention that the review of his appeal against the order of 23 July 2018 of extension of detention pending extradition took sixty days and that the review of his complaint against the order of administrative expulsion of 17 September 2018 took place only after thirteen days.
Application no. 20033/19
The applicant A.Y. complains under Article 5 §§ 1 (f) and 4 about the alleged lack of grounds for his continuing detention pending expulsion and the lack of periodic judicial review of such detention.
QUESTIONS TO THE PARTIES
Application no. 45761/18
1. Would the applicant face a real risk of being subjected to treatment in breach of Article 3 of the Convention in the event of his removal to Tajikistan?
2. Did the applicant have at his disposal an effective domestic remedy in respect of his complaint concerning his fear of ill-treatment in the event of his removal to Tajikistan, as provided for by Article 13?
3. Did the material conditions of the applicant’s detention, in particular, the personal space available in the cells, lack of privacy during use of toilet and other conditions
- in SIZO-4 in Saint Petersburg between 25 January and 27 April 2018; and between the end of April/early May and mid-July 2018;
- in SIZO-1 Kolpino between Mid-July 2018 and 14 September 2018;
- in the police station no. 31 and 38, respectively, between 14 and 17 September 2018 and between 10 and 11 October 2018;
- in the centre for detention of foreigners in Krasnoe Selo (CUVSIG Krasnoe Selo) between 17 September and 3 October 2018
amount to inhuman or degrading treatment, in breach of Article 3 of the Convention?
4. Was the review of the applicant’s appeal against the order of 23 July 2018 by which the term of the applicant’s detention was extended, and his appeal against the expulsion order of 17 September 2018 compatible with the requirement of “speediness” envisaged by Article 5 § 4 of the Convention? Was there of breach of Article 5 § 4 in his case?
Application no. 20033/19
Having regard to the Court’s conclusion in the case of Azimov v. Russia (Azimov v. Russia, no. 67474/11, 18 April 2013), is the applicant’s detention pending administrative removal compatible with the requirements of Article 5 §§ 1 (f) and 4 of the Convention?
APPENDIX
No.
Application no.
Lodged on Applicant’s initials
Date of birth
Place of residence Represented by
Detention
Expulsion proceedings
Temporary asylum / Refugee status proceedings
Other relevant information
45761/18
28/09/2018
N.K.
29/10/1979
Krasnoye Selo
Olga Pavlovna TSEYTLINA
Detention pending extradition
In SIZO:
24 January - 22 February 2018;
23 February - 4 March 2018;
1 March - 24 July 2018;
23 July - 14 September 2018;
Detention pending expulsion
In police station No. 31:
14 September 2018 taken from SIZO to the Kirovskiy District police station in Saint Petersburg and detained there until 17 September 2018;
In CUVSIG Krasnoe Selo:
17 September - 3 October 2018;
In police station no. 38:
10 October – 11 October 2018;
In CUVSIG Krasnoe Selo:
11 October 2018 - 31 October 2018: released pursuant to the court order of 30 October 2018;
NOT in detention.
Extradition proceedings
25 January 2018 – the Kirovskiy District Court of Saint Petersburg ordered the applicant’s detention pending extradition;
14 September 2018 - the prosecutor ordered release as documents in support of the extradition request were not submitted by the Tadjik authorities;
16 November 2018 - the Kirovskiy District Court of Saint-Petersburg - terminated extension of detention pending extradition, at the request of the prosecutor.
Expulsion proceedings
17 September 2018 the Kirovskiy District Court of Saint Petersburg - administrative removal ordered
2 October 2018 the Saint Petersburg City Court - forced removal replaced by voluntary departure, released from detention as a result. However, detained again on 11 October 2018 as not having complied with the court’s order.
11 October 2018 - the Kirovskiy District Court of Saint Petersburg - administrative removal and detention ordered;
30 October 2018 the Saint Petersburg City Court ordered re-examination (on procedural grounds) and the release of the applicant, new examination was scheduled for 19 December 2018 (NO further information provided by the applicant to the Court about the outcome of the these proceedings).
Refugee Status Proceedings
3 September 2018 - refusal to grant refugee status by the FNS Saint Petersburg, appeal filed on 12 October 2018;
9 November 2018 – refusal confirmed by the FMS Russia (the main migration authority);
Temporary Asylum Proceedings
24 September 2018 – applied for temporary asylum, no reply received;
10 October 2018 – came to apply for temporary asylum but was arrested for not having left Russia voluntarily, pursuant to the court order of 2 October 2018;
12 October 2018 - applied again, on an unspecified date, refusal issued by the migration authorities.
21 October 2018 - appeal against refusal the main migration office pending
28 September 2018 – interim measure applied by the Court preventing the applicant’s removal to Tajikistan.
Conditions of detention (as per the applicant’s submissions):
SIZO-4 (Saint-Petersburg):
25 January – 27 April 2018 – cell no. 169: 35 sq.m., 16 detainees; 2.2 sq.m per person;
End of April/early May – mid-July 2018 – cell no. 127, 35 sq.m., 12 detainees; 2.9 sq.m per person;
SIZO-1 (Kolpino, the Saint-Petersburg Region):
Mid-July 2018 + 15 days in quarantine cell of 30 sq.m., 10 persons, 3 sq.m per person; insects in the cell.
Mid-July – 14 September 2018 – cell no. 10-26 (bloc 10, cell no. 26); 9 sq.m; 2 persons; 4,5 sq.m per person; 10–minute shower once a week;
Police station no. 31, the Kirovskiy District of Saint-Petersburg:
14-17 September 2018: 3 sq.m., no access to drinking water and toilet; no sleeping place; only a bench; no food; had water only when taken to the toilet;
CUVSIG Krasnoe Selo:
17 September – 3 October 2018: cell no. 708, 30 sq.m., 11 persons, 2.7 sq. m per person; shower and a toilet in a hallway; cell door open;
Police station no. 38, the Admiralteyskiy District of Saint-Petersburg:
10 October – 11 October 2018, cell no. 38, 3 sq.m., dark and stuffy, no access to drinking water or toilet; no sleeping bed; only a bench, no food provided.
20033/19
12/04/2019
A.Y.
08/01/1989
Moscow
Eleonora
DAVIDYAN
Detention pending extradition
2 March 2015 - arrested;
4 March 2015 the Babushinskiy District court ordered his detention pending extradition
8 June 2016 - released from detention (temporary asylum granted);
Detention during criminal proceedings:
22 October 2016 - arrested for drunk driving, fined by 50,000 roubles;
20 March 2017 - convicted of attempted theft, sentenced to 1,5 years of imprisonment.
20 April 2018 - released from the penal colony.
Detention pending expulsion
15 June 2018 - arrested pursuant to the extradition request; and then released based on the decision of 8 June 2016; but was re-arrested for breach of the migration regulations;
20 June 2018 - detention ordered by the Meschanskiy District Court of Moscow.
Currently in detention.
Expulsion proceedings
20 June 2018 the Meschanskiy District Court of Moscow found the applicant guilty of migration regulations and ordered his detention pending expulsion.
16 July 2018 the Moscow City Court upheld the expulsion order.
Removal not carried out owing to bailiff’s ban on leaving the country due to unpaid fines (decisions of 13 March 2018; 27 September; 2 April 2019).
Temporary asylum proceedings
3 June 2016 - granted temporary asylum until 3 December 2016; No request for extension lodged by the applicant for unspecified reasons.
31 January 2019 - request for temporary asylum refused by the migration authorities;
21 March 2019 - appeal refused by the FMS Russia; no further appeal filed for unspecified reasons OR no information provided about the appeal to the Court as of 9 May 2019.
15 April 2019 – the interim measure applied by the Court preventing the applicant’s removal to Tajikistan.
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