Communicated on 8 April 2015
FIRST SECTION
Application no. 65609/13
Ulugbek Ikromovich UKTAMOV
against Russia
lodged on 28 September 2013
STATEMENT OF FACTS
The applicant, Mr Ulugbek Ikromovich Uktamov, is a national of Uzbekistan, who was born in 1979 and lives in Kemerovo. He is represented before the Court by Mr N. Nazarov, a lawyer practising in Kemerovo.
The facts of the case, as submitted by the applicant, may be summarised as follows.
The applicant has been living in Russia since 2000. On 6 August 2007 he was convicted of a sex offence and theft and sentenced to three and a half years’ imprisonment.
On 29 September 2010 the Ministry of Justice issued a decision declaring that the applicant’s presence in Russia would be undesirable upon his release (the “exclusion order”). The applicant was informed about the decision on 3 November 2010, the day of his release. He gave an undertaking to leave Russia within ten days.
Having no money or travel documents, the applicant was unable to leave. On 2 December 2010 he was apprehended by the police and the Federal Migration Service issued a deportation order against him.
On 3 December 2010 the Berezovskiy District Court of the Kemerovo Region granted an application by the Migration Service for holding the applicant in custody with a view to his deportation. On 11 February 2011 the deputy president of the Kemerovo Regional Court refused the applicant leave to appeal against that decision.
The applicant was held in the Anzhero-Sudzhensk police detention centre from 3 December 2010 to 19 December 2012, in the Myski police detention centre from 20 December 2012 to 24 June 2013 and in the Kemerovo police detention centre after 25 June 2013.
In August and October 2012 the Kemerovo branch of the Federal Migration Service requested the Consular Section of the Uzbek Embassy in Novosibirsk and the Russian Ministry of Foreign Affairs to assist in carrying out the applicant’s deportation.
On 1 August 2013 the Kemerovo branch of the Federal Migration Service sent the documents for the applicant’s readmission to its federal office but no response was received until October 2013.
In June 2013, the applicant asked the Berezovskiy District Court to fix a time-limit for his detention. By letter of 26 June 2013, a judge of the District Court replied that he would be detained until deportation, as the applicable law does not provide for a possibility of setting a time-limit. The applicant received a similar response from the Leninskiy District Court on 30 July 2013.
COMPLAINT
The applicant complains under various Convention provisions about an excessive length of his detention with a view to deportation and a lack of judicial review at regular intervals.
QUESTIONS TO THE PARTIES
1. Was there a violation of Article 5 § 1 (f) of the Convention? In particular, were the deportation proceedings prosecuted with due diligence? Does the Russian law set a time-limit for detention with a view to deportation?
2. Was there a violation of Article 5 § 4 of the Convention? In particular, did the applicant have at his disposal a procedure for a judicial review of the lawfulness of this detention at regular intervals? Did the domestic courts examine whether or not the applicant’s deportation was a realistic prospect?
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