Постановление Европейского суда по правам человека от 12.02.2009 «Дело Нолан (Nolan) и K. против России» [англ.]

cle 14 of the Convention read in conjunction with Article 9. Article 14 reads as follows:
"The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
77. The applicant submitted that there had been a difference in treatment between "traditional" Russian religions and those that were perceived as having foreign origins, in that only the latter were singled out in Russia's National Security Concept as being a "negative influence" and posing a threat to national security. The extreme measure of excluding him from Russia, where he had engaged in the lawful and peaceful manifestation of his religious beliefs, had served no legitimate purpose and had also been disproportionate to whatever aim had been pursued.
78. The Government argued that there had been no discrimination on the grounds of religion because the Moscow Regional Court had found that the threat to national security had been posed by the applicant's "activities" rather than his "religious beliefs". The prohibition on activities of the Stavropol FFWPU could not be regarded as discrimination against the applicant.
79. Having regard to the finding of a violation which the Court reached under Article 9 of the Convention, it does not consider it necessary to examine the complaint also under Article 14 (see Perry, cited above, § 70).

IV. Alleged violation of Article 8 of the Convention

80. The applicant and the applicant's son complained that their forced separation resulting from the applicant's exclusion from Russia had been in breach of the right to respect for their family life under Article 8 of the Convention which reads:
"1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."

A. Submissions by the parties

81. The applicant and his son submitted that the applicant had not been informed in advance of the exclusion order or allowed to travel together with his son. He had lived in Russia for eight years and had not had a settled home elsewhere to which to take his son. As a result of State actions, he had faced the practical difficulty of having to arrange, from abroad, for the paperwork of an infant, including an exit visa, through a third party - a nanny - with no family relationship to him. The consideration of his complaint had been drawn out over seven and a half months because of repeated adjournments granted by the court to the FSB as a result of the latter's consistent lack of preparation. In their submission, these elements pointed towards an interference with the applicant's and his son's right to respect for their family life, for which the Government offered no reasonable justification.
82. The Government submitted that Russian law treated all aliens on an equal basis, irrespective of whether or not they had a minor child in Russia. There was no evidence that the State authorities had prevented the applicant from being reunited with his son in a different State. Nor had he shown that he had taken any steps to remove his son from Russia. In any event, the Convention does not guarantee the right to establish family life in any specific country (here they referred to the case of Slivenko v. L

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