abuse by the authorities. Before such a control body the person concerned must benefit from an
adversarial procedure in order to be able to present his point of view and to challenge the arguments
of the authorities17. Given that the applicant did not enjoy a minimum degree of protection against
the arbitrariness of the authorities before the administrative authorities or the Court of Appeal, the
Court concluded that the breach of his private life was not provided for by “a law meeting the
requirements of the Convention”.
Ozdil and others v. the Republic of Moldova, 42305/18, 11.06.2019.
The plaintiffs were teachers in a network of private schools in Moldova, called Orizont, which has
been active since 1993. On the morning of 6 September 2018, the applicants were arrested at their
home or on their way to work, and taken to an unknown direction by people wearing civilian
clothes. Later, the Moldovan Intelligence and Security Service made several statements regarding a
large-scale counterterrorism operation that took place that day, during which seven foreign
nationals suspected of links to an Islamist organization were arrested and removed from the territory
of the Republic of Moldova, in collaboration with the secret services of other countries.
The ECtHR reiterates that the Convention does not, as such, guarantee the right of a foreigner to
enter or reside in a particular country. However, the expulsion of a person from a country where
close family members live may constitute a violation of the right to respect for family life, in
accordance with Article 8 § 1 of the Convention18.
7.4. Article 13 “The right to an effective remedy”
Allanazarova v. Russia - 46721/15, 14.02.2017
The case was initiated at the request of Natalia Allanazarova against the Russian Federation on
September 24, 2015. The plaintiff was a citizen of Turkmenistan. The plaintiff was submitted
according to art.34 to the ECHR. The plaintiff stated that she was at risk of being subjected to
inhuman treatment on her return to Turkmenistan, and that she did not have effective means of legal
protection which she could have used to challenge the actions of the Russian authorities.
The ECtHR ruled that where the plaintiff claims that there is a risk of ill-treatment in the event of
her return to her country of origin, the remedy for this is effective only if it meets the following two
criteria: first, to have a suspensive effect removal; on the other hand, to lead to independent and
rigorous risk control.
17
Al-Nashif v. Bulgary, no. 50.963/99, §§123 and 124, 20.06.2002;
Boultif c. Swiss, no. 54273/00, § 39, ECHR 2001 IX.
18
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