ECtHR - Mainov v. Russia

Court name: European Court of Human Rights
State: Russian Federation
Date of decision:
Legal instruments: European Convention on Human Rights (ECHR), European Union law, Other international law
Key aspects: Deportation and removal, Detention, Establishing identity, State succession

This case concerns a stateless applicant born in the Tajikistan Soviet Socialist Republic of the Soviet Union, who was arrested for homelessness in Russia. The District Court ruled that he had to be preventively detained until his expulsion to Tajikistan. Russia tried to obtain travel documentation for the applicant, overlooking the fact that the applicant was not a Tajik national and that Tajikistan had no legal obligation to admit him, resulting in his preventive detention for two years. The Court found a violation of Article 5 ECHR, as the applicant’s detention was not carried out in good faith due to the lack of a realistic prospect of his expulsion and the domestic authorities’ failure to conduct the proceedings with due diligence.

ECtHR - Sisojeva and Others v. Latvia

Court name: European Court of Human Rights
State: Latvia
Date of decision:
Legal instruments: European Convention on Human Rights (ECHR), European Union law, Other international law
Key aspects: Discrimination, Residence permit, Respect for private and family life, Rights of non-citizens, State succession

A family of three applicants, who came to Latvia under the former Soviet Union, were denied permanent resident status following its independence and offered short term residence status and registration on the domestic register of residents. The second and third applicants have Russian nationality, while the first applicant has no nationality. Following complaints of their Article 8 and Article 34 rights being violated, it was held that Article 8 cannot guarantee the right to a particular type of residence permit.