Thursday, November 20, 2014

Russian Justice Ministry slams ECHR for violation of notification procedure

European Court for Human Righst deprived Russia of presenting its case in the ongoing Senchishak v. Finland case, says the statement posted on the Justice Ministry’s website on Thursday. The statement says that the Russian authorities were not informed about an application hearing, in violation of Article 36, thus depriving Russia from presenting its arguments in a case concerning human rights violation against its citizen. Russian Justice Ministry adds that similar incidents happened before, and the ECHR was duly noted. On Tuesday, ECHR issued a ruling in application of Marina Senchishak, 72, partially paralyzed Russian national who was declined a residence permit and deported by the Finnish authorities. According to the case rescords, Ms Senchishak arrived in Finland in December 2008 on a tourist visa to stay with her daughter. Her daughter has been living in Finland since 1988 and has become a Finnish citizen. Ms Senchishak applied for a residence permit on the basis of family ties. She alleged before both the immigration authorities and administrative courts that, paralysed on her right side since 2006 after having suffered a stroke, it was impossible for her to obtain adequate medical care in Russia and that she was therefore dependent on her daughter in Finland, her husband having died in 2007 and her other daughter having been missing – presumed dead – since 2003. The immigration authorities refused Ms Senchishak a residence permit and ordered her removal to Russia. Ms Senchishak alleged that her removal would be in violation of Article 3 (prohibition of inhuman or degrading treatment) and Article 8 (right to respect for private and family life) because she did not have access to medical care in Russia, it being impossible for her to obtain a place in a nursing home there, and because she would be separated from her daughter, her closest living relative. ECHR has ruled that the appeal to Article 8 was unsubstantiated, and ruled that the Russian national’s rights will not be violated by deportation.

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