Published: 13 Dec 2005

Timishev v Russia

Case Summary

Case Nos. 55762/00 and 55974/00

Judgment date: 13/12/2005

The applicant was an ethnic Chechen and a lawyer. He had been living in Nalchik (Kabardino-Balkaria) as a forced migrant since 1996. He claimed to have been refused entry into the Kabardino-Balkaria region, when entering by car from Ingushetia, on the grounds that he was Chechen. The authorities claimed that he had tried to jump the queue unsuccessfully. He complained through the courts about the behaviour of the police, but his claim was dismissed at every level. He also complained unsuccessfully to the Russian Ombudsman, who stated that the restriction was a legal, temporary safety measure. He also complained to the Prosecutor General, who ordered that the Ministry rectify the actions of the police officers. The Ministry informed the prosecutor’s office that no rectification was possible, because the courts had found that no breach of the law had occurred. However, the Ministry also commissioned a report which indicated that orders which forbade the admission of Chechens to Karbadino-Balkaria apparently came from the deputy head of the public safety police of the Ministry.

Furthermore, on 1 September 2000 the applicant’s nine-year-old son and seven year-old daughter were refused admission to their school in Nalchik, which they had attended for nearly two years, because the applicant could not produce his migrant’s card, which was in the Government’s possession. He had handed it in to receive compensation in respect of the property he had lost in the Chechen Republic.

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