Published on 13 September 2021

THIRD SECTION

Application no. 32368/21 Sergey Mikhaylovich PAVLOV against Russia lodged on 15 June 2021 communicated on 23 August 2021

SUBJECT MATTER OF THE CASE

The case concerns the applicant’s two-day detention on the premises of a military service commission’s depot ( сборный пункт военного комиссариата ), a place where conscripts are assembled prior to assignment to active units. He complains under Article 5 § 1 of the Convention that those measures had no basis in domestic law and were not justified under any of the sub-paragraphs of the provision.

QUESTIONS TO THE PARTIES

1. Did the applicant’s escorting to the military service commission’s depot and his subsequent detention there amount to a deprivation of liberty under Article 5 § 1 of the Convention?

2. Did the authorities rely on any permissible ground on which persons may be deprived of their liberty provided in sub-paragraphs of Article 5 § 1 (see Khlaifia and Others v. Italy [GC], no. 16483/12, § 88, 15 December 2016)? If yes, what was the applicable sub-paragraph of that provision?

3. Were the measures at hand carried out in accordance with a procedure prescribed by law (see Buzadji v. the Republic of Moldova [GC], no. 23755/07, § 84, 5 July 2016)? What was the national legal basis for the applicant’s detention?