y to which he had been subjected. The applicant indicated that his detention might have been effected in accordance with the Border Crossing Guidelines (see paragraph 46 above), since he fell in the category of persons whose entry into Russia was prohibited. He pointed out, however, that the Border Crossing Guidelines had never been published or accessible to the public. The Government did not dispute that submission. Accordingly, the Court finds that the Border Crossing Guideless did not meet the requirements of accessibility and foreseeability and fell short of the "quality of law" standard required under the Convention. The national system failed to protect the applicant from arbitrary deprivation of liberty, and his detention cannot be considered "prescribed by law" for the purposes of Article 5 § 1 of the Convention.
100. There has therefore been a violation of Article 5 § 1 of the Convention.
3. Compliance with Article 5 § 4
101. The Court notes that the applicant was deprived of his liberty for a short period of time. That period of deprivation of liberty ended with his departure from Russia, that is, before he lodged an application for judicial review of his detention. Since the applicant regained his liberty speedily before any judicial review of his detention had taken place, the Court does not find it necessary to examine the merits of his complaint under Article 5 § 4 (see Fox, Campbell and Hartley v. the United Kingdom, 30 August 1990, § 45, Series A No. 182).
4. Compliance with Article 5 § 5
102. The Court reiterates that Article 5 § 5 is complied with where it is possible to apply for compensation in respect of a deprivation of liberty effected in conditions contrary to paragraphs 1, 2, 3 or 4. The right to compensation set forth in paragraph 5 therefore presupposes that a violation of one of the preceding paragraphs of Article 5 has been established, either by a domestic authority or by the Court (see Govorushko v. Russia, No. 42940/06, § 57, 25 October 2007; Fedotov v. Russia, No. 5140/02, § 83, 25 October 2005; and N.C. v. Italy [GC], No. 24952/94, § 49, ECHR 2002-X).
103. In the present case the Court has found a violation of paragraph 1 of Article 5 in that the applicant's deprivation of liberty was not effected in accordance with a "procedure prescribed by law". It must therefore establish whether or not the applicant had an enforceable right to compensation for the breach of Article 5.
104. The Court observes that, pursuant to the relevant provisions of the Russian Civil Code (see paragraph 47 above), an award in respect of pecuniary and/or non-pecuniary damage may be made against the State only if the detention is found to have been unlawful in the domestic proceedings. In the present case, however, the Moscow City Court and subsequently the Supreme Court did not consider that the applicant had been deprived of his liberty. Thus, the Court finds that the applicant did not have an enforceable right to compensation for the deprivation of liberty which has been found to be in violation of Article 5 § 1 of the Convention.
105. There has therefore been a violation of Article 5 § 5 of the Convention.
VI. Alleged violation of Article 1 of Protocol No. 7
106. The applicant claimed that the exclusion order had been issued in breach of the guarantees of Article 1 of Protocol No. 7, which provides:
"1. An alien lawfully resident in the territory of a State shall not be expelled therefrom except in pursuance of a decision reached in accordance with law and shall be allowed:
(a) to submit reasons against his expulsion,
(b) to have his case reviewed, and
(c) to be represented for these purposes before the competent authority or a person or persons designated by that authority.
2. An alien may be expel
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