A stateless applicant born in the Tajikistan Soviet Socialist Republic of the Soviet Union, was arrested for homelessness in Russia. The District Court ruled that he had to be preventively detained until expulsion back to the Tajikistan Republic. The Russian State tried to obtain travel documentation for the applicant, overlooking the fact that the applicant was not a national of that State 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, 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.
The applicant is a former USSR citizen, who has been residing on the territory of Russian Federation since 1990. He has received an "insert" into his passport in 1994 as evidence of him being recognised as a Russian citizen, which was a standard procedure at a time. In 2011 a "verification" took place - a policy that resulted in questioning of many citizenships acquired after the fall of the Soviet Union, including the applicant. The Court sided with the applicant, considering among others that refusal to recognise him as a Russian citizen would result in his statelessness.
The applicant was charged with an administrative offence for not having proof of permission to be on the Russian territory. The Court ruled that the applicant's identity has not been established with a sufficient degree of certainty to charge him with an administrative violation. If the applicant lacks identity documents, the authorities need to follow prescribed procedures for establishing identity before such person can be charged with an administrative offence.