Skip to main content Accessibility help
×

Temporary Disruption

We have implemented additional assurance measures to protect our systems.

As a result, we have suspended some of our systems and services. We apologise for any temporary disruption some customers may experience.

Hostname: page-component-8678677fb7-92n84 Total loading time: 0 Render date: 2026-09-16T19:35:42.205Z Has data issue: false hasContentIssue false

Chapter Five - In Search of Justice

Migrants’ Experiences of Appeal in the Moscow City Court

Published online by Cambridge University Press:  27 June 2018

Marina Kurkchiyan
Affiliation:
University of Oxford
Agnieszka Kubal
Affiliation:
University College London
Get access

Summary

This chapter presents an ethnographic case study of Moscow City Court with reference to administrative immigration offences (Arts 18.8 and 18.10 Code of Administrative Offences). It develops an alternative understanding of the everyday processes of immigration cases, migrants’ experiences of the court and the role of judges as immigration law enforcers. This interpretation is based on two different and competing logics that unfold in the courtroom: the case file logic and the humanitarian logic. The former refers to a very heavy, if not exclusive, reliance on written submissions in rendering judgments – what could be termed ‘a trial by paper’. These decisions rest exclusively upon formal protocols from the immigration raids, pictures from the raided work places and (often self-incriminating) affidavits signed by the defendants. The role of the judge in these cases does not seem to be to establish the facts by examining the witnesses or scrutinizing how evidence was gathered in the pre-trial stage. The humanitarian logic, in turn, explains the exceptional deviations from the case file model, when Articles 2, 3 and 8 of the European Convention of Human Rights are invoked by judges to reverse the expulsions of certain types of vulnerable migrants.

Information

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×