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Sverdlovsk Commissioner together with lawyers prepared guidelines for convicts

21 January 2016

Commissioner for Human Rights in Sverdlovsk region Tatiana Merzlyakova, together with lawyers from the "Migration and Law" human rights network prepared the materials for the convicts who received the decision on unwanted stay (residence) on the territory of Russia from the Ministry of Justice of the Russian Federation.

Convicts and their relatives, who are often the citizens of the Russian Federation, have repeatedly sent letters to the regional Commissioner, in which they said that they did not know about the possibility of appealing against orders of the Ministry of Justice of the Russian Federation about unwanted stay (residence) on the territory of the Russian Federation, and even that such an opportunity legally existed.

Convicts are informed in penitentiary institutions of the text of the Ministry’s order, which does not explain the procedure, and there is no indication of the term for an appeal. A copy of the document is not passed to convicts. Some applicants noted that they had been asked to sign the document without any further clarification.

In fact, convicts raise the question of appealing against the decisions on unwanted stay (residence) in Russia after serving their sentence, when the Federal Migration Service takes steps to the forced deportation of foreign nationals (stateless persons) from the territory of the Russian Federation.

Tatyana Merzlyakova prepared guidelines and samples of administrative applications. These documents were examined by Chairman of the Sverdlovsk Regional Court Alexander Dementyev. His remarks were taken into account. The materials will be sent in the near future to the administration of regional penitentiary facilities for their practical use.

The text of guidelines and sample applications is also available on the official website of the Commissioner in Sverdlovsk Region.

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