18 May Judgments of the European Court of Human Rights against Russia

The European Court of Human Rights has found a violation of the Convention in a case Navalnyy v. Russia (32963/16). In the present case, the applicant asked the Federal Migration Service to issue him a travel passport. His application was refused by reference to the fact that he had been convicted on two occasions and given suspended sentences which had not yet expired. However, the criminal proceedings against the applicant had already been concluded and he was not deprived of his liberty. Having in mind that Russian courts did not explain what specific traits of his personality led them to believe that the travel ban would be conducive to his rehabilitation or what factual elements supported their conclusion that the public interest was involved. There has accordingly been a violation of Article 2 of Protocol No. 4 to the Convention (freedom of movement).

The Court also found violations in two cases dealing with other repetitive issues. In case Ibrogimov v. Russia (32248/12) the Court has found a violation of Article 14 of the Convention, read together with Article 8 (prohibition of discrimination with right to respect for private and family life), concerning the expulsion of HIV-positive non-nationals. In other case, Tarkhanov v. Russia (40151/14) the Court has found a violation of Article 5 § 5 of the Convention (right to liberty and security) because of the absence of compensation for certain types of unlawful detention.

References from the Official website of the European Court of Human Rights.