Published: 11 Feb 2010

Zakayev and Safanova v Russia

Case Summary

Case No. 11870/03
Judgment date: 11 February 2010

The first applicant, a Kazakh national of Chechen ethnicity, moved to Chechnya from Kazakhstan in 1992. In 1994 he married the second applicant, a Russian national of Chechen ethnicity. The applicants had three children between 1994 and 1999. The first applicant appeared to make no attempt to obtain Russian nationality or regularise his stay during his period in Chechnya.

In December 2000 the second applicant moved to Moscow followed by the three children in August 2001. In February 2002 the second applicant notified the police that she was having problems obtaining a temporary registration permit. The first applicant moved to Moscow in March 2002. He was arrested and questioned on 28 October and 15 November 2002 about his status in Moscow.

On 17 January 2003, the first applicant was ordered to pay a fine and was to be removed to Kazakhstan. This was upheld on appeal and he was removed to Kazakhstan on 15 April 2003. The second applicant and the three children continued to live in Moscow. On 30 September 2003, the applicants’ fourth child was born.