CEDH · PRESS;HEARINGS;ENG — 19 septembre 2002

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s6EF0ECFF { width:49.69pt; text-indent:0pt; display:inline-block } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s91F6AE57 { font-family:Arial; font-size:10pt; font-weight:bold } .s533FDAAB { width:45.04pt; text-indent:0pt; display:inline-block } .sF2835322 { width:23.7pt; text-indent:0pt; display:inline-block } .s32AFAD20 { width:26.35pt; text-indent:0pt; display:inline-block } .s2C557472 { font-family:Arial; font-weight:bold; font-style:italic; font-variant:small-caps } .sCB27B9E { width:16.66pt; display:inline-block } .s23A41E03 { width:36pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS     438   19.9.2002   Press release issued by the Registrar   CHAMBER HEARING ON THE MERITS IN THE CASE OF SISOJEVA AND OTHERS v. LATVIA   Thursday 19 September 2002 at 9.00 a.m.   The applicants   The case concerns an application (no. 60654/00) brought by Svetlana Sisojeva, her husband Arkady Sisojev and their daughter Aksana Sisojeva. They were born in 1949, 1946 and 1978 respectively. Mr Sisojev and Aksana Sisojeva are Russian nationals, while Svetlana Sisojeva has no nationality. All three live in Alūksne (Latvia).   Summary of the facts   Mr Sisojev, who was a soldier in the Soviet army, was stationed in Latvia in 1968 and remained there until he was demobilised in 1989. His wife came to Latvia in 1969 and their daughter was born there. Following the break-up of the Soviet Union and the restoration of Latvia’s independence in 1991, the applicants became stateless.   In 1993 Mr Sisojev and his wife applied to the Latvian Interior Ministry’s Nationality and Immigration Department ( Iekšlietu ministrijas Pilsonības un imigrācijas departaments – “the Department”) to obtain permanent resident status and to be entered in the register of residents. Alūksne District Court of First Instance allowed their application for an entry in the register.   In 1995 the Department discovered that Mr Sisojev and his wife had each been issued with two former Soviet passports in 1992 and had thus been able to obtain registration of their place of residence in Russia as well as in Latvia. Aksana Sisojeva had been able to do likewise in 1995. An administrative penalty was imposed on the applicants, and Alūksne District Court ordered the removal of their names from the register of residents in 1996. On appeal the decision was set aside and, in August 1996, Mr Sisojev and Aksana Sisojeva applied for and obtained Russian nationality.   In 1998 the joint committee for the implementation of the agreement between Latvia and Russia on the social protection of retired members of the Russian armed forces and their families who were resident in Latvia requested the Interior Ministry’s Directorate for Nationality and Migration Affairs ( Iekšlietu ministrijas Pilsonības un migrācijas lietu pārvalde – “the Directorate”) to issue the applicants with permanent residence permits under the agreement.   On 28 July 1998 Alūksne District Court held that Mrs Sisojeva was entitled to apply for a passport as a “permanent resident without citizenship” and that Mr Sisojev and Aksana Sisojeva were entitled to permanent residence permits. Following an appeal by the Directorate, however, the decisions were overturned and, on 26 June 2000, the Directorate notified the applicants that they were required to leave Latvia.   Complaint   Relying on Article 8 of the European Convention on Human Rights (right to respect for private and family life), the applicants complain of the Latvian authorities’ refusal to regularise their residence in Latvia.   Procedure   The application was lodged on 29 August 2000 and declared partly admissible on 28 February 2002.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Françoise Tulkens (Belgian), Nina Vajić (Croatian), Egil Levits (Latvian), Anatoli Kovler (Russian), Vladimiro Zagrebelsky (Italian), Elisabeth Steiner (Austrian), judges , Giovanni Bonello (Maltese), Peer Lorenzen (Danish), Snejana Botoucharova (Bulgarian), substitute judges ,   and also Søren Nielsen , Deputy Section Registrar .   Representatives of the parties   Governments:   Latvia:   K ristīne Ma ļ inovska , Agent , A nda Astahova , Adviser ;   Russia:   Pavel Laptev , Representative of the Russian Federation before the (third party)   Court , Y ury Berestnev , Dmitry Spirin , Sergey Kulik , Advisers ;   Applicants:   A lexandr Asnis , V italy Portnov , Counsel, Marina Ivanova , Marianna Samsonova , Daria Mikhalina, Advisers .     ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.