Information Note on the Court’s case-law 67

August-September 2004

Bartik v. Russia (dec.) - 55565/00

Decision 16.9.2004 [Section I]

Article 2 of Protocol No. 4

Article 2 para. 2 of Protocol No. 4

Freedom to leave a country

Refusal to issue a passport to a person who had access to classified information in a previous employment: admissible

The applicant worked for a State corporation which developed space devices. During his employment at the corporation he signed three successive undertakings concerning non-disclosure of classified information. While the first two agreements curtailed the applicant’s ability to travel abroad, no similar restriction was contained i n the last undertaking which he signed in 1994. The applicant terminated his employment at the corporation in 1996 and the following year applied for an international passport. The authorities refused the request, arguing that his right to obtain an intern ational passport was restricted under relevant domestic law until 2001. The applicant’s appeals, up to the Supreme Court, were unsuccessful. The courts held that the restriction on leaving the Russian Federation was lawful and justified. In 2001, upon expi ry of the restriction, the applicant was issued with a passport and he took up residence in the United States of America.

Admissible under Article 2 § 2 of Protocol No. 4.

© Council of Europe/European Court of Human Rights This summary by the Registry do es not bind the Court.

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