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7 - Who Are the Humans Behind the Human Rights Cases?

Migration Cases from Russia to the European Court of Human Rights

Published online by Cambridge University Press:  25 March 2019

Agnieszka Kubal
Affiliation:
University College London
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Summary

Migrants and asylum seekers are some of the most significant and vulnerable groups of applicants who bring their cases before the European Court of Human Rights from Russia. Yet, due to the formal nature of the ECtHR proceedings, their voice and individual experiences are often omitted from the final judgments. This chapter by retelling the stories of Myriam and Farrukh Nizamov and Khumoyun Umidov – once applicants before the Court – asserted their voice and their version of the events as crucial in order to arrive at a full picture of ‘what really happened.’ These individual, emotional legal narratives play an important role as ‘sites of resistance’, challenging the Court’s epistemological supremacy at defining human rights violations. These legal narratives also help us capture the ‘double-edge sword’ of the ambivalent reception of ECtHR jurisprudence in the Russian domestic practice. This is demonstrated by the evolution of the Garabayev group of cases before the Strasbourg court – cases that concern threats of torture and ill-treatment in event of extradition, expulsion or deportation of migrants and asylum seekers from Russia (Articles 2, 3,5 ECHR).
Type
Chapter
Information
Immigration and Refugee Law in Russia
Socio-Legal Perspectives
, pp. 135 - 166
Publisher: Cambridge University Press
Print publication year: 2019

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