Communicated on 12 July 2017

THIRD SECTION

Application no. 8279/16 Khurshed Navruzshoyevich MARDONSHOYEV against Russia lodged on 30 January 2016

SUBJECT MATTER OF THE CASE

From 2 October 2014 to 31 July 2015 the applicant, a stateless person born in Tajikistan, was detained with a view to enforcing the penalty of administrative removal (from 8 October 2014 to 31 July 2015 in a centre for foreign nationals in St Petersburg). In November 2014 the Tajik authorities informed the Russian authorities that the applicant was not a Tajik national. On 31 July 2015 a court discontinued enforcement of the administrative removal.

QUESTIONS tO THE PARTIES

1. Having regard to the Russian Constitutional Court ’ s ruling of 23 May 2017, were there violations of Article 5 §§ 1 and 4 of the Convention (see Kim v. Russia , no. 44260/13 , §§ 41-57 and 68-74, 17 July 2014)? Were any proceedings relating to the administrative removal of the applicant genuinely “in progress” between October 2014 and July 2015?

2. Was there a violation of Article 3 of the Convention on account of the conditions of confinement?