Published on 13 September 2021
THIRD SECTION
Application no. 32368/21
Sergey Mikhaylovich PAVLOV
against Russia
lodged on 15 June 2021
communicated on 23 August 2021
SUBJECT MATTER OF THE CASE
The case concerns the applicant’s two-day detention on the premises of a military service commission’s depot (сборный пункт военного комиссариата), a place where conscripts are assembled prior to assignment to active units. He complains under Article 5 § 1 of the Convention that those measures had no basis in domestic law and were not justified under any of the sub-paragraphs of the provision.
QUESTIONS TO THE PARTIES
1. Did the applicant’s escorting to the military service commission’s depot and his subsequent detention there amount to a deprivation of liberty under Article 5 § 1 of the Convention?
2. Did the authorities rely on any permissible ground on which persons may be deprived of their liberty provided in sub-paragraphs of Article 5 § 1 (see Khlaifia and Others v. Italy [GC], no. 16483/12, § 88, 15 December 2016)? If yes, what was the applicable sub-paragraph of that provision?
3. Were the measures at hand carried out in accordance with a procedure prescribed by law (see Buzadji v. the Republic of Moldova [GC], no. 23755/07, § 84, 5 July 2016)? What was the national legal basis for the applicant’s detention?
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