Communicated on 12 July 2019
THIRD SECTION
Application no. 31872/19
Sanzharbek Saibbekovich SAIDOV
against Russia
lodged on 10 June 2019
STATEMENT OF FACTS
1. The applicant, Mr Sanzharbek Saibbekovich Saidov, is an Uzbek national, who was born in 1982 and was detained in Belgorod. He is represented before the Court by Ms D. Trenina, Ms E. Davidyan and Mr K. Zharonov, lawyers practising in Moscow.
2. The facts of the case, as submitted by the applicant, may be summarised as follows.
3. On 13 January 2016 a request for an interim measure staying the applicant’s removal from Russia was granted by this Court in another case lodged by the applicant.
4. On 26 November 2018 the applicant was arrested for violation of migration rules.
5. On 27 November 2018 the Belgorodskiy District Court of the Belgorod Region ordered the applicant’s expulsion and detention pending enforcement of that order.
6. On 10 December 2018 the Belgorod Regional Court, sitting in a single judge formation, annulled the above order on appeal and ordered reconsideration of the case. In respect of the applicant’s detention the judge stated the following in the text of the appeal judgment:
“I consider that until the District Court considers the case against Mr Saidov, he should stay in the [detention facility for aliens].”
7. On 24 December 2018 the Belgorodskiy District Court of the Belgorod Region, referring to the above interim measure, terminated the expulsion proceedings.
8. On the same day the applicant was released.
COMPLAINT
9. The applicant complains under Article 5 § 1 (f) of the Convention that his detention between 10 and 24 December 2018 was unlawful, since the applicable provisions of the domestic law (Articles 27.19 and 30.7 of the Code of Administrative Offences) do not provide for the power of an appeal court to extend or order detention pending expulsion when an initial expulsion order is annulled.
QUESTION TO THE PARTIES
Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? Specifically, was his detention between 10 and 24 December 2018 lawful in the light of the powers granted to appeal courts by Articles 27.19 and 30.7 of the Code of Administrative Offences?
The parties are invited to comment in detail on the powers of an appeal court to extend or order detention pending expulsion referring, where appropriate, to the existing authoritative interpretations of the domestic law and practice. Specifically, they are invited to comment on the power to order continued detention when an initial expulsion order is annulled.
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