ADC “Memorial” was approached by three citizens of Uzbekistan who complained about the actions of the officers of Krasnoselsky district division of FMS in Saint Petersburg. Following raids held by the FMS officers against illegal immigrants in Krasnoselsky district, the claimants were detained during an identity papers’ check. They were given fines to be paid based on Article 19.27 of the Code on administrative violations, which deals with provision of false information during the immigration control procedures. Attorney Yury Serov, hired by ADC “Memorial” for defense of the claimants, has succeeded in court overruling of the decision of the regional department of the Federal migration service (FMS) concerning ungrounded penalties to be paid by foreign citizens.
The lawyer has appealed against this decision of the FMS officers to the Krasnoselsky district court, claiming that their actions had violated the norms of material and procedural laws. The appeal stated that the officers of FMS hadn’t provided any proof that the migrant cards of the claimants were falsified. After studying the case the court agreed with the arguments of the attorney, who had stated that these decisions were not grounded. The court overruled the penalties imposed onto claimants and stopped the case against the claimants based on the lack of proof of their guilt.
It is a widespread practice in Russia that during the anti-immigrant raids law enforcement agencies try to call to account as many people as possible. Overruling such illegal actions in courts is the only way to stop unlawful prosecution of foreign citizens in these cases.