CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 7 février 2012

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margin-left:17pt; margin-bottom:12pt; text-indent:-17pt; text-align:justify } .s48DB3670 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s7CB9076 { margin-top:36pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .s507451D6 { width:4.53pt; display:inline-block } .s299839C6 { width:212.77pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block }     FIRST SECTION             CASE OF PROSHKIN v. RUSSIA   (Application no. 28869/03)       JUDGMENT           STRASBOURG   7 February 2012     FINAL   09/07/2012     This judgment has become final under Article 44 § 2 (c) of the Convention. It may be subject to editorial revision. In the case of Proshkin v. Russia , The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Nina Vajić, President,   Anatoly Kovler,   Peer Lorenzen,   Elisabeth Steiner,   Khanlar Hajiyev,   Linos-Alexandre Sicilianos,   Erik Møse, judges, and Søren Nielsen, Section Registrar, Having deliberated in private on 17 January 2012, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 28869/03) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Russian national, Mr Sergey Anatolyevich Proshkin (“the applicant”), on 21 August 2003. 2.     The applicant was represented by Ms L. Churkina, a lawyer practising in Yekaterinburg. The Russian Government (“the Government”) were represented by Mr P. Laptev and Mrs V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights. 3.     The applicant alleged, in particular, the unlawfulness of his detention in 2003, inability to appeal against a detention order and the authorities’ failure to ensure his presence at hearings during the criminal proceedings against him. 4 .     On 16 November 2004 the Judge appointed as rapporteur requested the Government, pursuant to Rule   49 §   2   of the Rules of Court, to submit factual information concerning the grounds for the applicant’s detention after 27 January 2003. 5.     On 5 July 2007 the President of the First Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article   29   §   1). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 6.     The applicant was born in 1963 and lives in Perm. 7.     On 18 October 1996 the applicant was involved in a traffic accident committed by a Mr P. The applicant, his wife and son were injured and the applicant’s car was damaged. Criminal proceedings against Mr P. were discontinued in accordance with an amnesty law. 8.     Mr P. and his mother complained to the police that they had been subjected to constant harassment by the applicant, who had repeatedly threatened them in a number of phone calls and had allegedly demanded money in compensation for pecuniary and non-pecuniary damage sustained as a result of the traffic accident. 9.     On 29 March 1999 the Industrialniy District Court of Perm issued a decision, authorising the institution of criminal proceedings against the applicant on suspicion of aggravated defamation and insulting behaviour. 10.     In July 1999 Mr P. petitioned the Perm Regional Prosecutor to detain the applicant and to subject him to a psychiatric examination because the harassment had not stopped and had even escalated to death threats against both Mr P. and his mother. Twenty days later Mr P.’s lawyer repeated the request. 11.     On 24 September 1999 another set of criminal proceedings was instituted against the applicant who, in these proceedings, was under suspicion of having made death threats. 12.     On 5 November 1999 the two sets of criminal proceedings were joined and the applicant’s placement in custody was authorised. He was placed in temporary detention facility no. IZ-59/1 in Perm (hereinafter “facility no. 1”). 13.     The applicant lodged a complaint with the Industrialniy District Court, alleging that his arrest was unlawful. 14.     On 25 November 1999 the District Court dismissed the complaint, confirming the lawfulness of the arrest. That decision was upheld on appeal by the Perm Regional Court on 22 December 1999. 15.     On 6 December 1999 a prosecutor authorised an extension of the applicant’s detention until 5 February 2000. On 18 January 2000 the Industrialniy District Court rejected the applicant’s subsequent appeal against the extension, noting the gravity of the charges against him. 16.     Whereas the investigation in the criminal case continued, the applicant was released on 4 February 2000 on a written undertaking not to leave the town. 17.     On 31 August 2000 the Industrialniy District Court, having held hearings in the applicant’s presence, found him guilty of aggravated defamation and extortion, acquitted him of the remaining charges and sentenced him to seven years’ imprisonment. On the same day the applicant was taken to facility no. 1. 18.     Following the appeal hearing which the applicant attended, on 9   November 2000 the Perm Regional Court quashed the judgment, acquitted him of aggravated defamation and ordered a fresh examination into the charge of extortion. The applicant was released on the same day under a written undertaking not to leave the town. 19.     In accordance with the order of the Regional Court, on 18 January 2001 the Industrialniy District Court authorised an additional investigation into the charge of extortion. 20.     On 26 March 2002 the District Court further ordered a psychiatric assessment of the applicant. That decision was upheld on appeal on 30   April 2002 by the Perm Regional Court, which, in so far as relevant, held as follows: “As appears from the case file materials, [the applicant] is accused of having committed criminal offences which resulted from the fact that in 1996 his family had been involved in a traffic accident caused by a driver, Mr P. Criminal proceedings against Mr P. were discontinued in accordance with an amnesty law. [The applicant] did not accept the outcome of the criminal case and began complaining to various institutions and authorities. Having received replies, he began making numerous written requests asking to have the authorities who had dealt with his complaints, including his lawyer who had represented his interests, held liable. In December 1999 the investigating authorities, having doubts that [the applicant] was mentally healthy, ordered a forensic psychiatric examination. Experts concluded that [the applicant] did not have a psychiatric illness, but [that] he was a psychopath. However, the stream of complaints and motions subsequently intensified; the circle of people against whom he asked [for a] criminal investigation to be opened due to their alleged failure to carry out their duties broadened. Having regard to those facts, [the District] court found that it was necessary to perform an additional examination.” 21.     According to the Government, the examination was scheduled for 31   July 2002. However, the applicant refused to attend it and the Industrialniy District Court ordered his being brought for examination against his will. 22.     On 26 October 2002 the applicant was apprehended in Perm and taken to the Serbskiy State Scientific Centre of Social and Forensic Psychiatry in Moscow (hereinafter “the Centre”). A month later the Centre issued an expert report finding that the applicant suffered from schizophrenia. The expert conclusions were based, inter alia , on the following considerations: “[The diagnosis] is confirmed by the medical history, showing that since adolescence [the applicant] has acute premorbid personality traits such as hyperactivity, the urge to become a self-reliant person [and] an intense feeling of injustice, with subsequent slowly growing psychopathic changes (extreme straightforwardness, intolerance, contentiousness, rudeness, unsociability, arrogance) and a tendency to establish obsessive interests (all-absorbing passion for technical equipment [and] jurisprudence) which transformed into affective, obsessive [and] absurd ideas, relations, querulous paranoia, litigiousness over an extremely broad number of subjects and involving a large number of people, which led to his incorrect behaviour, litigious activities and malfunctioning social adaptation.” The applicant was released from the Centre on 21 November 2002. 23.     Another psychiatric examination of the applicant was ordered by the Industrialniy District Court on 10 January 2003. 24 .     On 27 January 2003 the District Court issued two decisions authorising the applicant’s arrest on the grounds that he had been charged with a particularly serious criminal offence and the forensic psychiatric examination had established that he “suffered from schizophrenia [and] presented a danger to society”. The decisions, one handwritten and the other one typed, were identical in wording save for one difference. By the first decision the District Court ordered the applicant’s placement in a psychiatric hospital. By the second decision it authorised his detention in detention facility no. 1 in Perm. The applicant attended the hearing. 25.     The applicant provided the Court with copies of the two decisions, both bearing the presiding judge’s signature and the court’s stamp. The Government explained that on 27   January 2003 the presiding judge had issued a handwritten detention order authorising the applicant’s admission to a psychiatric hospital. Subsequently, the court registry had prepared a typed version of the same decision. The Government argued that the case file materials had not contained the second decision ordering the applicant’s detention in facility no. 1. The applicant was taken into custody in the court house and taken to detention facility no. 1. 26 .     The applicant lodged an appeal against the decision of 27 January 2003. He complained that there had been no evidence that he was a danger to society and that, accordingly, there was no need to detain him. As follows from the stamp on the statement of appeal, the Perm Regional Court received it on 29   January 2003. 27 .     On 31 January and 1 February 2003 the applicant lodged additional statements of appeal, further challenging the grounds for his arrest. Stamps on the statements show that they reached the Perm Regional Court on 31   January and 2 February 2003 respectively. 28 .     The applicant’s appeals against the decision of 27 January 2003 never received a reply. 29.     It appears that on 17 and 18 February 2003 the Industrialniy District Court held trial hearings. While the applicant’s lawyer and mother attended, the applicant was not brought to the courthouse. The District Court did not issue any formal decision addressing his absence from the trial. However, as it follows from the case file, the matter was raised and discussed leading to the presiding judge’s conclusion that the applicant’s presence was unnecessary. 30.     On 18 February 2003 the Industrialniy District Court held that the applicant had committed aggravated extortion but relieved him from criminal responsibility, finding that he was mentally incapacitated. The District Court ordered the application of compulsory measures of a medical nature to the applicant and his placement in a psychiatric hospital for intensive care. The relevant part of the decision read as follows: “... Having regard to the fact that [the applicant] suffers from a mental illness, he is inclined to reoffend, including by committing particularly serious [criminal offences], he distinguishes himself by [behaving] aggressively, by [being] intolerant to other individuals, it is necessary to commit him to compulsory treatment in a special psychiatric hospital with intensive care”. 31 .     On 20 February 2003, in response to the District Court’s order of 10   January 2003, the Perm Regional Clinical Psychiatric Hospital issued an expert report, confirming the findings made by the experts of the Centre. 32.     On 15 April 2003 the Perm Regional Court held an appeal hearing. The applicant was not brought to it, despite his requests to that effect. Both his lawyer and his mother were present. The Regional Court examined the applicant’s complaint of failure to ensure his presence at the trial hearings and found that the District Court had acted lawfully because the domestic law did not require his presence. It also pointed out that the applicant had been represented by his mother and a lawyer. Having been fully convinced by the District Court’s findings, the Regional Court upheld the decision of 18   February 2003. 33.     In the meantime, the Industrialniy District Prosecutor filed a motion with the District Court seeking a declaration of the applicant’s incapacity. The prosecutor argued that the applicant should be deprived of legal capacity for reason of insanity. 34 .     On 6 May 2003 the Industrialniy District Court found that the applicant suffered from a chronic mental illness, he was unable to appreciate his conduct and its danger to society or to control his actions, and he was in need of constant supervision. The District Court declared the applicant legally incapacitated. The applicant did not appeal against that decision. 35.     According to the Government, the applicant was detained in facility no. 1 in Perm until 24 July 2003 because his transfer to a specialised psychiatric hospital in Kaliningrad was delayed as the Russian authorities had failed to obtain a visa permitting the applicant’s transit through Lithuania. Relying on a statement by a representative of the Ministry of Justice of the Russian Federation, the Government submitted that during the entire period of his detention in facility no. 1 the applicant had been detained in a cell designated for mentally ill inmates. 36.     On 24 July 2003 the applicant’s transfer to a psychiatric hospital in Kazan was authorised. The hospital, however, refused to admit him because he did not have a valid identity document. The applicant therefore continued being detained in detention facility no. 1 until 18   August 2003. On that date he was sent to the psychiatric hospital in Kazan. On 4 June 2004 he was released from the hospital. II.     RELEVANT DOMESTIC LAW A.     Detention 37.     Until 1 July 2002 criminal-law matters were governed by the Code of Criminal Procedure of the Russian Soviet Federalist Socialist Republic (Law of 27 October 1960). From 1 July 2002 the old CCrP was replaced by the Code of Criminal Procedure of the Russian Federation (Law no. 174-FZ of 18 December 2001, “the CCrP”). 1.     Preventive measures 38.     “Preventive measures” or “measures of restraint” include an undertaking not to leave a town or region, a personal guarantee, bail and detention on remand (Article 98 of the CCrP). 2.     Authorities ordering detention on remand 39 .     The Russian Constitution of 12 December 1993 provides that a judicial decision is required before a defendant can be detained or his or her detention extended (Article 22). The CCrP requires a judicial decision by a district or town court on a reasoned request by a prosecutor supported by appropriate evidence (Article   108 §§   1, 3-6). 3.     Grounds for ordering detention on remand 40.     When deciding whether to remand an accused in custody, the competent authority is required to consider whether there are “sufficient grounds to believe” that he or she would abscond during the investigation or trial or obstruct the establishment of the truth or reoffend (Article 97). It must also take into account the gravity of the charge, information on the accused’s character, his or her profession, age, state of health, family status and other circumstances (Article 99). 41 .     The CCrP sets a general rule permitting defendants to be detained on remand if the charge carries a sentence of at least two years’ imprisonment. In exceptional cases, the Code permits detention of defendants on a charge carrying a sentence of less than two years’ imprisonment, if they have previously defaulted, have no permanent residence in Russia or if their identity cannot be ascertained. A defendant should not be detained on remand if a less severe preventive measure is available (Articles 97 § 1 and 108 § 1). 4.     Proceedings to examine the lawfulness of detention (a)     As regards detention “during the investigation” 42 .     An appeal may be lodged with a higher court within three days against a judicial decision ordering or extending detention on remand. The appeal court must rule on the appeal within three days of its receipt (Article   108 § 10). The right to appeal against a judicial decision belongs to a defendant, his representative and legal guardian, a prosecutor, a victim and his representative (Articles 127 § 1 and 354 § 4). (b)     During the judicial proceedings 43.     At any time during the judicial proceedings the court may order, vary or revoke any preventive measure, including detention on remand (Article 255 § 1). Any such decision must be given in the deliberation room and signed by all the judges on the bench (Article 256). 44.     An appeal against such a decision lies to a higher court. It must be examined within the same time-limit as an appeal against the judgment on the merits (Article 255 § 4). B.     Compulsory measures of a medical nature 45 .     The Criminal Code of the Russian Federation, in force since 1   January 1997, and the Code of Criminal Procedure of the Russian Federation set out the grounds and procedure for the application of compulsory measures of a medical nature. 1.     Criminal Code of the Russian Federation Article 97.     Grounds for the application of compulsory measures of a medical nature “1.     Compulsory measures of a medical nature may be applied by a court to individuals: (a)     who, in a state of insanity, committed an offence described in [...] the ... present Code; (b)     who, after having committed a criminal offence, became mentally ill, making it impossible to sentence him and execute that sentence; (c)     who committed a criminal offence and who suffer from a mental illness, which does not [reach the level of insanity]; (d)     who committed a criminal offence and who were considered in need of treatment for alcoholism or drug abuse. 2.     Compulsory measures of a medical nature shall only be applied to people [falling within the situations] listed in the first paragraph of the present Article in cases where the mental disorders are linked to the ability of those persons to cause substantial damage or to present a danger to themselves or other individuals.” 2.     The Code of Criminal Procedure of the Russian Federation Article 435.     Placement in a psychiatric hospital “1.     When it is established that a person to whom detention on remand has been applied as a measure of restraint suffers from a mental illness, a court, upon a prosecutor’s motion and in accordance with the procedure laid down in Article 108 of the present Code, shall take a decision authorising a transfer of that person to a psychiatric hospital. 2.     Placement of a person who is not detained on remand in a psychiatric hospital may be authorised by a court in accordance with the procedure laid down in Article 203 of the present Code.” Article 443.     A court decision “1.     When a court finds it proven that a criminal offence was committed by that person in a state of insanity or that after having committed a criminal offence the person became mentally ill, making it impossible to sentence him and execute the sentence, the court shall take a decision in accordance with Articles 21 and 81 of the Criminal Code of the Russian Federation reliving that person from criminal responsibility or from serving the sentence and authorising the application of compulsory measures of a medical nature to him...” Article 444.     Procedure for lodging appeals against a court decision “A court decision may be appealed against by a representative, a victim and his representative, a legal guardian or close relative of a person in respect of whom a criminal case was examined, and by a prosecutor in accordance with Chapter 45 of the present Code.” C.     Judicial proceedings The Code of Criminal Procedure of the Russian Federation Article 247.     Participation of a defendant. “1.     Presence of a defendant at a court hearing in a criminal case is mandatory, save in the circumstances which are listed in paragraph 4 of the present Article. 2.     If a defendant fails to attend, the examination of a case should be adjourned. ... 4.     A court hearing may be held in the defendant’s absence if a defendant in a criminal case concerning a minor criminal offence or [a criminal offence] of average severity asks for the examination of that criminal case in his absence.” Article 376.     Fixing an [appeal] court hearing. “1.     When [a judge] receives a criminal case with a statement of appeal, [he] shall fix the date, time and place of a court hearing. 2.     An appellate court shall inform the parties of the date, time and place of the examination of a criminal case no later than 14 days before the hearing. The court shall determine whether [it is necessary] to call a defendant who is in custody. 3.     If a defendant who is in custody informs [the court] of his willingness to take part in the examination of the appeal against the trial judgment, he has the right to take part in a hearing in person or can state his position by way of a video conference. The court shall determine the form of the applicant’s participation in a hearing...”   46 .     Section 51 of the Russian Code of Criminal Procedure lays down procedural norms for the examination of a criminal case against a person who is charged with having committed a criminal offence in a state of insanity or who became mentally ill after having committed a criminal offence when he can no longer bear criminal responsibility and serve a sentence. By virtue of Section 51 of the CCrP, the courts shall examine a criminal case against such a person in an ordinary manner, save for specific rules laid down in that Section. Section 51 does not set any specific rules concerning the presence of a mentally ill person at trial and appeal hearings. D.     Legal capacity 47.     Under Article 21 of the Civil Code of the Russian Federation of 1994, any individual aged 18 or more has, as a rule, full legal capacity, which is defined as “the ability to acquire and enjoy civil rights, create and fulfil civil obligations by his own acts”. Under Article 22 of the Civil Code legal capacity can be limited, but only on the grounds defined by law and within a procedure prescribed by law. 48.     Under Article 29 of the Civil Code, a person who cannot understand or control his or her actions as a result of a mental illness may be declared legally incapacitated by the courts and placed in the care of a guardian. All legal transactions on behalf of the incapacitated person are concluded by his guardian. The incapacitated person can be declared to have regained full capacity if the grounds on which he or she was declared incapacitated cease to exist. 49.     Article 135 (1) of the Code of Civil Procedure of 2002 (“the CCP”) establishes that a civil claim lodged by a legally incapacitated person should be returned to him without examination. 50.     Article 281 of the CCP establishes the procedure for declaring a person incapacitated. A request for incapacitation of a mentally ill person can be brought before a first-instance court by a family member of the person concerned. On receipt of the request, the judge must commission a forensic psychiatric examination of the person concerned. 51.     Article 284 of the CCP provides that the incapacitation request should be examined in the presence of the person concerned, the claimant, a prosecutor and a representative of the guardianship office. The person whose legal capacity is being examined by the court is to be summoned to the court hearing, unless his state of health prohibits him from attending it. 52.     Article 289 of the CCP provides that full legal capacity can be restored by the court at the request of the individual’s guardian, a close relative, the guardianship office or a psychiatric hospital, but not of the person declared incapacitated himself. E.     Confinement to a psychiatric hospital 53.     The Psychiatric Assistance Act of 2 July 1992, as amended (“the Act”), provides that any recourse to psychiatric assistance should be voluntary. However, a person declared fully incapacitated may be subjected to psychiatric treatment at the request or with the consent of his official guardian (section   4 of the Act). 54.     Section 5 of the Act establishes that individuals suffering from mental disorders have all human rights and freedoms guaranteed by the Russian Constitution and federal laws. Limitations of their rights and freedoms are only allowed when specifically provided for by laws of the Russian Federation. Section 5 (3) of the Act provides that the rights and freedoms of persons with mental illnesses cannot be limited solely on the grounds of their diagnosis, or the fact that they have been subjected to treatment in a psychiatric hospital. 55.     Under Section 5 of the Act, a patient in a psychiatric hospital can have a legal representative. However, pursuant to point 2 of Section 7, the interests of a person declared fully incapacitated are represented by his official guardian. 56.     Section 34 regulates the procedure for involuntary placement of a mentally ill individual in a psychiatric hospital. A judge is to examine a request for involuntary admission to a psychiatrist hospital in the presence of an individual whose placement in the hospital is sought. Section 35 provides that only a judicial order may serve as grounds for admission of an individual to a psychiatric hospital. Such an order may be appealed against within ten days by the individual whose detention in a psychiatric hospital was authorised, his representative, the head of the psychiatric hospital or a prosecutor (Section 35 § 3 of the Act). 57.     Section 37 (2) of the Act establishes the list of rights of a patient in a psychiatric hospital. In particular, the patient has the right to communicate with his lawyer without censorship. However, under Section 37 (3) the patient’s doctor may limit the patient’s rights to correspond with other persons, have telephone conversations and meet visitors. 58.     Section 47 of the Act provides that the doctors’ actions can be appealed against before the courts. F.     Changes in the application of Russian law on mentally ill individuals following the Court’s judgment in the case of Shtukaturov v. Russia (no. 44009/05, 27 March 2008) 59.     On 27 February 2009 the Constitutional Court of the Russian Federation issued Decree no. 4-P, having declared unconstitutional a number of provisions of the Russian Code of Civil Procedure and the Psychiatric Assistance Act limiting rights of mentally ill persons to participate in incapacitation proceedings and to appeal against court decisions stripping them of legal capacity. 60.     In Resolution no. 6 of 7 April 2011 the Plenary Supreme Court of the Russian Federation held that a person whose admission to a psychiatric hospital was authorised or whose detention in hospital was extended by a court has the right to appeal against that decision, along with his lawyer, legal guardian or other persons authorised to do it by the Russian Code of Criminal Procedure (§ 8). The Plenary Supreme Court also stressed that, unless the accused’s state of mental health precludes it, an individual against whom criminal proceedings are pending should have the opportunity to make use, personally, of every procedural right guaranteed by Articles 46 and 47 of the Code of Criminal Procedure (the right to be informed of the charges against him and to receive related procedural documents, the right to give explanations and make statements or to remain silent, the right to legal assistance, the right to submit evidence, the right to lodge requests, complaints, etc. and to participate in their examination by a court, the right to an interpreter, the right to appeal against actions/inaction on the part of the courts, prosecutors, investigators, etc., the right to attend hearings before the trial and appeal courts, as well as hearings concerning detention matters, and so on). The courts should take into account expert reports, medical and other evidence, including that provided by the psychiatric hospital, to determine whether the individual’s state of mental health permits him/her to fully benefit from his/her procedural rights (§ 10). 61 .     The Plenary Supreme Court insisted that it was the trial court’s task to duly and timeously inform the person of the date, time and place of any court hearing so as to provide him/her with an opportunity to submit various procedural requests, including that for his/her attendance (§   13). THE LAW I.     ALLEGED VIOLATION OF ARTICLE 5 § 1 OF THE CONVENTION 62.     The applicant complained under Article 5 § 1 of the Convention that his detention between 27 January and 18 August 2003 in facility no. 1 had been unlawful, having been based on two incompatible detention orders. Article 5, in so far as relevant, reads as follows: “1.     Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:... (c)     the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; ... (e)     the lawful detention... of persons of unsound mind...” A.     Submissions by the parties 63.     The Government argued that on 23 January 2003 a prosecutor had petitioned for the applicant’s arrest, taking into account the fact that the latter had suffered from a serious mental disorder, confirmed by the expert opinion of 21   November 2002, and, given the nature of the crime he had been accused of, had presented a danger to the life and limb of the victim and witnesses. The Industrialniy District Court had accepted the motion and had authorised the applicant’s detention. A single detention order had been issued on that occasion calling for the applicant’s placement in a psychiatric hospital. The Government stressed that no other detention order had been found in the case file materials. 64 .     The Government further submitted that in view of the fact that there had been no “suitable” psychiatric hospital in the Perm Region and in line with established judicial practice, the applicant was to have been sent to a psychiatric hospital in Kaliningrad. However, his transfer had been delayed because the Lithuanian authorities had refused to issue him with a transit visa. A further delay in the applicant’s admission to the hospital had been caused by the refusal of the administration of the psychiatric hospital in Kazan to admit him in the absence of valid identification documents. The Government concluded by stating that the applicant’s detention in facility no. 1 in Perm had been reasonable and lawful, having been based on a valid court order issued in compliance with the requirements of the Russian Code of Criminal Procedure and upheld by the appeal court. 65.     The applicant disagreed with the Government, insisting that on 27   January 2003 the District Court had issued two detention orders, the first one authorising his admission to a psychiatric hospital and the second one prescribing his detention in a regular detention facility. Accordingly, his detention from 27 January to 18 August 2003 had not been carried out “in accordance with a procedure prescribed by law” and had been unlawful. Furthermore, he had been detained for almost seven months in a regular detention facility although the authorities had cited his mental illness as the primary ground for his detention and the Government did not dispute that the domestic courts had intended to detain him in a psychiatric hospital. B.     The Court’s assessment 1.     Admissibility 66.     The Court reiterates that Article 5 § 1 sub-paragraphs (a) to (f) of the Convention contain an exhaustive list of permissible grounds for deprivation of liberty and no deprivation of liberty will be lawful unless it falls within one of those grounds (see, inter alia , Guzzardi v. Italy , 6   November 1980, § 96, Series A no. 39; Witold Litwa v. Poland , no.   26629/95, § 49, ECHR   2000-III; and Saadi v. the United Kingdom [GC], no. 13229/03, § 43, ECHR   2008-...). However, the applicability of one ground does not necessarily preclude that of another: detention may, depending on the circumstances, be justified under more than one sub ‑ paragraph (see Eriksen v. Norway , 27   May 1997, § 76, Reports of Judgments and Decisions 1997 ‑ III, and Erkalo v. the Netherlands , 2   September 1998, § 50, Reports 1998 ‑ VI). 67.     The Court considers that in the instant case the applicant’s detention from 27 January to 18 August 2003 should be divided into two separate periods, having regard to the subparagraphs of paragraph 1 of Article 5 of the Convention under which each particular period of detention fell. The Court observes that on 27 January 2003 the Industrialniy District Court authorised the applicant’s detention, finding that the gravity of the charges against him and his presenting a danger to society in view of his mental illness warranted the deprivation of liberty. On 18 February 2003 the District Court found that the applicant had committed extortion. It, however, concluded that the applicant’s mental illness precluded him from bearing criminal responsibility and serving a sentence. He was to be admitted to a psychiatric hospital for compulsory treatment. Accordingly, the Court considers that the detention of the applicant from 27 January to 18   February 2003 falls within Article 5 § 1 (c) of the Convention as it was effected for the purpose of bringing him before the competent legal authority on criminal charges based, as was not disputed by the parties, on a reasonable suspicion of his having committed the offences he was charged with. In turn, the period from 18 February to 18   August 2003 falls within subparagraph (a) of Article 5 § 1 of the Convention as it resulted from a “conviction” by a “competent court”. Furthermore, as follows from the Government’s submissions, since the applicant – who was suffering from a mental disorder – was to be detained after 27 January 2003 in a psychiatric institution, his detention starting from that date until 18 August 2003 also falls within the ambit of Article 5 § 1 (e) of the Convention (see, for similar reasoning, Erkalo, cited above, § 51, and Morsink v. the Netherlands , no.   48865/99, § 62, 11 May 2004). 68.     Having divided the applicant’s detention between 27 January and 18   August 2003 into two separate periods, the Court must further determine whether the applicant has complied with the admissibility requirements defined in Article 35 § 1 of the Convention, in particular the six-month rule. The applicant lodged his application with the Court on 21 August 2003 – that is, more than six months after the first period of detention came to an end on 18   February 2003. He, however, challenged the grounds for his detention during the first period by lodging an appeal statement before the Perm Regional Court. The appeal was never examined (see paragraph 28 above). The applicant was not apprised of the outcome of the appeal proceedings and he was not served with any decision explaining the reason for the Regional Court’s silence. In fact, he only learned about the fate of his appeal from the Government’s submissions. In those circumstances, the Court considers that the later date should be regarded as the final decision for the purposes of Article 35 § 1 of the Convention. The applicant, therefore, has not failed to comply with the six-month requirement and his complaint concerning the lawfulness of his detention from 27 January to 18   February 2003 cannot be rejected pursuant to Article 35 § 4 of the Convention. 69.     The Court further notes that this part of the application is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention and that it is not inadmissible on any other grounds. It must therefore be declared admissible. 2.     Merits (a)     Detention from 27 January to 18 February 2003 70.     The Court observes at the outset that Article 5 of the Convention protects the right to liberty and security. This right is of primary importance “in a democratic society” within the meaning of the Convention (see, amongst many other authorities, De Wilde, Ooms and Versyp v. Belgium , 18   June 1971, § 65, Series A no. 12; Assanidze v. Georgia [GC], no.   71503/01, § 169, ECHR 2004-II; and Ladent v. Poland , no. 11036/03, §   45, ECHR 2008-...). 71.     All persons are entitled to the protection of this right, that is to say, not to be deprived, or continue to be deprived, of their liberty, save in accordance with the conditions specified in paragraph 1 of Article 5 (see Medvedyev and Others v. France [GC], no. 3394/03, § 77, ECHR 2010-...). Against this background, it must, therefore, be established whether the detention of the applicant during the period under consideration was “in accordance with a procedure prescribed by law” and “lawful” within the meaning of Article 5 § 1 of the Convention. Where the “lawfulness” of detention is in issue, including the question whether “a procedure prescribed by law” has been followed, the Convention essentially refers back to national law and states the obligation to conform to the substantive and procedural rules thereof. It requires at the same time that any deprivation of liberty should be in conformity with the purpose of Article 5, which is to prevent people from being deprived of their liberty in an arbitrary fashion (see Bozano v. France , 18   December 1986, § 54, Series A no. 111, and Kafkaris v. Cyprus [GC], no. 21906/04, § 116, 12 February 2008). 72.     Turning to the circumstances of the present case, the Court finds it established that on 27 January 2003 the Industrialniy District Court issued two decisions authorising the applicant’s placement in custody. Those decisions only differed in one respect: the place of the applicant’s detention. Despite the Government’s argument that the decision authorising the applicant’s detention in an ordinary detention facility was not attached to the case file, the Court sees no reason to doubt the authenticity of the two decisions presented to it by the applicant. Both decisions bear the signature of the same presiding judge and the official stamp of the court’s registry (see paragraph 24 above). The Court is also unable to interpret the difference in the texts of the decisions as a mere clerical error committed when a handwritten version of the decision of 27   January 2003 was transformed into a typed one. That conclusion is supported by the fact that following the applicant’s arrest in the courthouse he was taken to detention facility no. 1, where he was kept for almost seven months. 73.     The Court once again reiterates that the expressions “lawful” and “in accordance with a procedure prescribed by law” in Article 5 § 1 state the obligation to conform to the substantive and procedural rules of national law.     It further observes that it is in the first place for the national authorities, notably the courts, to interpret and apply domestic law. However, since under Article 5 § 1 failure to comply with domestic law entails a breach of the Convention, it follows that the Court can and should exercise a certain power to review whether the law has been complied with (see N.C. v. Italy , no.   24952/94, §   42, 11 January 2001, with further references). The Court notes that the Government did not indicate any legal provision that permitted the District Court to simultaneously issue two decisions authorising the applicant’s detention in a psychiatric hospital and in an ordinary detention facility. The Government also did not argue that it was possible under domestic law to alter the operative part of a detention order after it has been read out in open court. In these circumstances, the Court is bound to conclude that the situation created by the District Court on 27   January 2003 left the applicant in a state of uncertainty as to the legal basis for his detention, a state incompatible with the principles of legal certainty and protection from arbitrariness, which are common threads throughout the Convention and the rule of law (see, mutatis mutandis , Shukh