nal Court indicate what "activities" had posed a threat to national security. It may, however, be inferred from the judgment that the applicant's phone conversations had been intercepted by the FSB pursuant to a certain earlier court order.
39. It also appears that the Regional Court examined an information letter from the Federal Security Service of 29 May 2000, entitled "Information on the activities of representatives of non-traditional religious associations on Russian territory", which stated, in particular, as follows:
"Representatives of such foreign sectarian communities as the Jehovah's Witnesses, Moon's Unification Church... under the cover of religion establish extensive governing structures which they use for gathering socio-political, economic, military and other information about ongoing events in Russia, indoctrinate the citizens and incite separatist tendencies... Missionary organisations purposefully work towards implementing the goals set by certain Western circles with a view to creating the conditions in Russia and perfecting the procedure for practical implementation of the idea of replacing the "socio-psychological code" of the population, which will automatically lead to the erasing from the people's memory of the over a thousand-year-long history of the Russian State and the questioning of such concepts as national self-identification, patriotism, Motherland and spiritual heritage..."
40. As to the applicant's overnight detention, the officers of the Moscow Border Control denied in court that the applicant had been "detained" and claimed that he had bought a ticket to Tallinn and merely waited for his flight scheduled for the following day. Although the Regional Court established that the ticket had been in fact bought in the morning of 3 June 2002, it held that this fact was "of no legal significance" and ruled that the applicant had not been deprived of his liberty.
41. The Regional Court also noted that the Russian authorities had not prevented the applicant from reuniting with his son in any country other than Russia. His allegations about interference with his family life were therefore rejected as manifestly ill-founded.
42. The applicant appealed, citing as grounds, inter alia, that the Regional Court had failed to examine whether the FSB had any legitimate basis in fact for its "conclusions". He relied on Articles 5, 8, 9 and 14 of the Convention.
43. On 19 June 2003 the Supreme Court of the Russian Federation, sitting in camera in a three-judge formation, dismissed the appeal. It held that there had been no violations of the applicant's Convention rights. The judgment was based on the administrative competence of the FSB and the Border Control to take decisions in the field of national security and border control. It did not indicate what activities of the applicant were alleged to pose a threat to national security:
"The decision on the issue whether or not the activities of a citizen (in respect of whom a conclusion barring entry into Russia has been issued) pose a threat to State security... comes within the competence of the Russian authorities... this right of the State is one of the basic elements of its sovereignty. Therefore, the [regional] court's conclusion that the claims of the appellant and his representatives that the Russian FSB acted ultra vires are unfounded in the present case." [so in the original]
II. Relevant domestic law
A. Provisions relating to the exclusion
of aliens from Russian territory
44. A competent authority, such as the Ministry of Foreign Affairs or the Federal Security Service, may issue a decision that a foreign national's presence on Russian territory is undesirable. Such decision may be issued if a foreign national is unlawfully residing on Russian territory, or if his or her r
> 1 2 3 ... 5 6 7 ... 23 24 25
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
