Sochi: a Man Spent Twenty Days in Custody Due to Gaps in Legislature

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Feb 20, 2013, 5:39:12 AM2/20/13
Sochi: a Man Spent Twenty Days in Custody Due to Gaps in Legislature

February 13, 2013 city of Sochi Lazerevsky district court held trial over the case of the 32-year-old Ivan Nefedov, a person of stateless status residing in the Russian Federation.

Nefedov came from Volgogradskaya Oblast (Region) to Sochi seeking employment, but was arrested January 9, 2013 for committing an administrative (civil law) violation under the Civil Code Article 6.9, “consumption of narcotics or psychotropic substances without doctor’s prescription”, and convicted to a 15 days detention and then expulsion out of the Russian Federation. However, Nefedov is not a citizen of any country, he has no family abroad, and therefore the court decision that pushes him out of Russia violates his rights. Regardless, after Nefedov’s term of 15 days expired he remained detained in the “special detention centre” under jurisdiction of the Ministry of Internal Affairs in the Adler district of Sochi. 

The unlawful court decision was appealed at the Krasnodar regional court, which canceled the decision and sent the case for a review to the Lazarevsky District court. Here Nefedov was represented by Alexandr Popkov, a lawyer on work agreement with the HRC Memorial.

Ivan Nefedov has not yet decided whether he will appeal his 20-day-long unlawful detention in Sochi.

The Russian Constitution provides that persons without citizenship are to be treated by the same laws and given the same rights as foreign citizens. Courts periodically make decisions to deport those persons from Russia who are not citizens of the Russian Federation nor any other country, which leads to their prolonged stays in MIA’s special receiving centres. Among such persons are many citizens of the Soviet Union who never registered their citizenship after the Soviet Union fell apart. The Russian legislature’s lack of clarity in sentencing for such persons leads to violations of human rights, inviolability of the person, which contradicts the Article 9 of the Universal Declaration of Human Rights, which says that “no one can be subjected to arbitary arrest, detention, or exile.”

Additional information can be acquired by phone at +7-918-001-60-18, Simon Simonov, coordinator of the reception office of HRC Memorial’s Migration and Law Network in Sochi.
More detailed information about the reception office in Sochi can be found on its website

February 20, 2013
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