Disproportionate travel restrictions are opposed to the ECHR

JUDGMENT 

Berkovich and others v. Russia 27.03.2018 (no. 5871/07, 61948/08, 25025/10, 19971/12, 46965/12, 75561/12, 73574/13, 504/14, 31941/14 and 45416/14)

see here  

SUMMARY

Travel restrictions abroad. Deprivation of passports to citizens and banning them from going abroad for 5 years because they had previously had access to state secrets. Infringement of freedom of movement.

PROVISION 

Article 2 of Protocol 4

PRINCIPAL FACTS 

The case concerned Russian nationals who had been prevented from going abroad on the grounds that they had previously had access to State secrets during their employment.

The applicants were born between 1950 and 1987 and live in Russia. Following the termination of their employment, the authorities refused to issue them with or return their travel passports. They were told that their right to leave Russia would be restricted for the following five years. They all challenged these refusals in court, without success. Relying on Article 2 of Protocol No. 4 (freedom of movement) to the European Convention, the applicants complained about the Russian authorities’ refusal to issue them with a passport allowing them to leave Russia. They alleged that the restriction on their right to travel abroad had been unnecessary and disproportionate, especially in view of the fact that they had been allowed to travel during their employment, some on official business, others on holiday, and another to visit his parents.

Violation of Article 2 of Protocol No. 4

Just satisfaction: EUR 5,000 each to Mr Berkovich, Mr Ilchenko, Mr Litavrin, Mr Lytin, Mr Yenin, and Mr Garkusha, EUR 3,538 to Mr Burnayev, and EUR 4,000 to Mr Samasadkin in respect of non-pecuniary damage; EUR 5,000 to Mr Ilchenko, EUR 106 to Mr Lytin, EUR 850 to Mr Litavrin, EUR 137 to Mr Yenin, EUR 2,500 to Mr Garkusha, EUR 64 to Mr Burnayev, and EUR 42 to Mr Samasadkin in respect of costs and expenses(echrcaselaw.com editing). 


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