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

s contents, but he could not disclose its contents to the Court because of the confidentiality undertaking he had been required to sign (see paragraph 36). To my mind, the conclusion of the Court is rather strange: "This fact indicates that the nature of the information contained in the report was not such as to exclude any possibility of making it known to anyone outside the secret intelligence services and the highest State officials" (see paragraph 56). I think that a serious question relating to the interpretation of the Court's case-law on Article 38 and to the concept of the States' margin of appreciation is raised.
As to Article 1 of Protocol No. 7, I see a great difference between the present case and the case of Bolat (see Bolat v. Russia, No. 14139/03, ECHR 2006-IX), where the applicant was expelled at the time when his complaint about the annulment of his residence permit was being reviewed and the interim measure indicated by the Town Court for the period necessary for the review was effective. In the present case, on the contrary, the applicant was able to challenge the decision refusing his return to Russia at two levels of jurisdiction and the Moscow Regional Court finally dismissed the complaint in a nine-page judgment. In my view, this procedure satisfied the provisions of both paragraphs of Article 1 of Protocol No. 7 of the Convention, but the Court preferred to give a new, rather radical, interpretation (very brief, I must say) of paragraph 2 of this provision (see paragraphs 114 - 115 of the judgment).
Last but not least, I am not sure that the activities of a missionary are the same as those of a priest and amount only to the exercise of the right to freedom of religion. The notion of "social work" is not clarified in our judgment (see paragraphs 64 - 65).






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