CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 31 mars 2026

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RUSSIA (Application no. 47934/17)     JUDGMENT   Art 5 § 3 • Reasonableness of pre-trial detention • Domestic courts’ failure to provide relevant and sufficient reasons justifying the first period of the applicant’s pre-trial detention Art 6 § 1 (criminal) and Art 6 § 3 (c) • Fair hearing • Legal assistance of own choosing • Appellate court’s failure to demonstrate relevant and sufficient grounds for overriding the applicant’s choice of counsel • Shortcomings during full appellate review, not remedied on cassation review, adversely affected the applicant’s defence rights • Overall fairness of the proceedings undermined Art 18 (+ Art   5 and Art   6) • Restriction for unauthorised purposes • Existence of ulterior purpose not established   Prepared by the Registry. Does not bind the Court.   STRASBOURG 31 March 2026   This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Yuriy Dmitriyev v. Russia, The European Court of Human Rights (Third Section), sitting as a Chamber composed of:   Ioannis Ktistakis , President ,   Peeter Roosma,   Lətif Hüseynov,   Andreas Zünd,   Mateja Đurović,   Canòlic Mingorance Cairat,   Vasilka Sancin , judges , and Olga Chernishova, Deputy Section Registrar, Having regard to: the application (no.   47934/17) 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 Yuriy Alekseyevich Dmitriyev (“the applicant”), on 29 June 2017; the decision to give notice to the Russian Government (“the Government”) of the complaints concerning the alleged breach of Articles 5, 6 and 18 of the Convention by the length of the applicant’s pre-trial detention, the unfairness of criminal proceedings against him and the alleged ulterior purpose of his detention and prosecution, and to declare inadmissible the remainder of the application; the observations submitted by the applicant; the decision of the President of the Section to treat as confidential all documents deposited with the Registry, excluding the application form (Rule   33 § 2 of the Rules of Court); the decision of the President of the Section to appoint one of the elected judges of the Court to sit as an ad hoc judge, applying by analogy Rule 29 §   2 of the Rules of Court (see Kutayev v. Russia , no. 17912/15, §§ 5-8, 24 January 2023); Having deliberated in private on 13 January and 3 March 2026, Delivers the following judgment, which was adopted on the last ‑ mentioned date: INTRODUCTION 1.     The application concerns criminal proceedings brought against the former head of the Karelia Regional Branch of the Human Rights Centre Memorial, who was convicted of sexually assaulting a minor, his adopted daughter. He alleged a violation of his rights under Articles 5 and 6 of the Convention in connection with his pre-trial detention and the second set of criminal proceedings instituted against him. The applicant further contends that his pre-trial detention and prosecution were politically motivated on account of his work and his affiliation with International Memorial, in breach of Article 18 of the Convention. THE FACTS 2.     The applicant was born in 1956 and, at the material time, lived in Petrozavodsk. He was represented by lawyers from the Memorial Human Rights Centre and by Mr Viktor Anufriyev, a lawyer practising in Moscow. 3.     The Russian Government (“the Government”) were represented by Mr   M. Vinogradov, Representative of the Russian Federation to the European Court of Human Rights. 4.     The facts of the case may be summarised as follows.         background 5.     The applicant is a historian and human rights activist. Since 1988 he has worked to uncover mass graves of victims of Stalin’s ‘Great Terror’ in Karelia and to identify both the victims and the perpetrators. In 1997 the applicant, together with members of the St Petersburg branch of Memorial, located Sandarmokh, the largest known execution site in the Republic of Karelia dating from 1937-1938, where approximately 6,000 people had been shot and buried. He subsequently identified and published several volumes listing those executed at Sandarmokh and indicating their burial sites.   His work has received wide international recognition, including a Franco-German Prize for Human Rights and the Rule of Law (2020) and the Sakharov Freedom Award (2021). 6.     Since 2014 the applicant has headed the Karelia Regional Branch of the Memorial Human Rights Centre. By a final decision of 5 April 2022, the First Court of Appeals upheld the dissolution of the Memorial Human Rights Centre and its regional branches for repeated violations of the “foreign agent” legislation (see Ecodefence and Others v. Russia , nos. 9988/13 and 60 others, §§ 10-12, 14 June 2022).       Criminal proceedings against the applicant    Preliminary inquiry 7.     On 3 September 2008 the applicant, together with his former partner, adopted a three-year-old girl, N., from an orphanage. Between 29 June 2009 and 3 November 2016 custody officials conducted regular inspections of the applicant’s flat in order to assess the child’s health and living conditions. No concerns were recorded in respect of her upbringing or education. 8.     On 29 November 2016 a precinct officer visited the applicant and directed him to come to the police station the following day. The applicant spent several hours there. Upon his return home, he observed signs of unauthorised entry: his computer had been switched on and various belongings appeared displaced. 9 .     On 2 December 2016 the Petrozavodsk police department received an anonymous letter alleging that the applicant had been taking nude photographs of his eleven-year-old adopted daughter, N. The letter was accompanied by two such photos. 10.     On 12 December 2016 the Deputy Head of the Ministry of the Interior of the Republic of Karelia ordered a preliminary inquiry into those allegations. 11.     On 13 December 2016 an investigator conducted a search of the applicant’s flat and seized his computer, on which several folders were found containing more than two hundred photographs of N. taken between 2008 and 2015. Some of the photographs depicted N. nude, standing upright with her arms raised or at her sides, while others showed her sleeping or sitting naked. 12 .     That evening the applicant was interviewed by the investigator in the context of the preliminary inquiry. He acknowledged having taken and stored the photographs of N. on his computer, explaining that they were intended to document her physical development for the custody officials and to demonstrate the absence of any signs of ill-treatment. He stated, however, that he had shown a nude photograph of N. to a custody official on only one occasion. 13 .     On the same day the investigator opened a criminal case on the charge of producing child pornography under Article 242.2 § 2 (c) of the Criminal Code of the Russian Federation. The applicant was subsequently arrested on those charges.    The applicant’s pre-trial detention and first trial 14 .     On 15 December 2016 the Petrozavodsk City Court ordered that the applicant be placed in pre-trial detention until 13 February 2017. In its reasoning, the court relied on the gravity of the charges involving a minor dependent on the applicant and on the applicant’s multiple administrative convictions in the preceding year. It further considered that, given N.’s minor age and the fact that she lived with the applicant, there was a risk that he might exert pressure on her. 15 .     On 26 December 2016 the local administration decided to suspend the applicant from his duties as N.’s adoptive parent. Two days later N. was placed under the guardianship of her grandmother, Ms F., who lived in a village approximately 600 km from Petrozavodsk. 16.     On 29 December 2016 the Supreme Court of the Republic of Karelia dismissed the applicant’s appeal against the detention order. 17 .     On 9 January 2017 the Centre for Socio-Cultural Expertise issued an expert report of nine photographs depicting N. naked. It concluded that they contained pornographic elements. 18 .     On 6 February 2017 the applicant was additionally charged with committing indecent acts with a minor who has not attained the age of twelve, without the use of force, pursuant to Article 135 §§ 1 and 3 of the Criminal Code. 19.     On 10 February 2017 the Petrozavodsk City Court extended the applicant’s detention until 12 March 2017. No new reasons were advanced. 20.     On 21 February 2017 the applicant was further charged with the illegal possession of firearm components, under Article 222 § 1 of the Criminal Code. 21 .     On 9 March and 10 April 2017 the Petrozavodsk City Court extended the applicant’s detention until 12 April and 12 May 2017, respectively, relying on the gravity of the charges against him. 22 .     On 11 May 2017 the Petrozavodsk City Court began a preliminary hearing in the applicant’s case. It extended the applicant’s pre-trial detention until 28 October 2017. The applicant sought the application of a less severe preventive measure, submitting that he was unable to exert pressure on the victim, who was living with her grandmother outside Petrozavodsk. The court found, however, that the circumstances underlying the original detention order had not changed and that the applicant could still influence the victim, as he knew her whereabouts. 23 .     On 1 June 2017 the Petrozavodsk City Court began the trial on the merits. The applicant was charged with: (i)   committing indecent acts with a minor who has not attained the age of twelve, without the use of force in relation to   four photographs taken in   January 2009 and four photographs taken in   July 2010 (Article 135 §§ 1 and 3 of the Criminal Code); (ii)   using a minor who has not attained the age of fourteen for the production of pornography in relation to a photograph taken in June 2012 (Article 242.2 §   2   (c) of the Criminal Code); and (iii)   illegal possession of   essential firearm components in relation to fragments of an “IZH-5” hunting rifle with a   trimmed barrel (Article 222 § 1 of the Criminal Code). 24.     On 5 June, 30 August and 29 November 2017 the applicant’s lawyer sought the application of an alternative preventive measure, without success. 25.     On 15 September 2017 the Petrozavodsk City Court, upon motions by both the prosecution and the applicant, ordered a further expert examination of 114 photographs of N., in particular to determine whether the nine photographs referred to in the charges (see paragraph 23 above) amounted to pornography. 26 .     On 11 October 2017 the Petrozavodsk City Court extended the applicant’s detention until 28 January 2018, without advancing any new grounds. 27.     On 25 October 2017 the Supreme Court of the Republic of Karelia upheld the extension order of 11 October 2017, but amended the end date of the detention period to 27 January 2018. 28 .     On 11 December 2017 a private forensic examination company in St   Petersburg issued an expert report concluding that the nine photographs in question did not contain pornographic elements and could have been taken for medical purposes to compare the child’s development at different ages. The experts stated that the applicant had no sexual intent when taking them but had documented N.’s physical development in order to monitor her health. 29 .     On 27 December 2017 the Petrozavodsk City Court ordered the applicant’s release as of 28 January 2018, subject to an undertaking not to leave his place of residence without permission and to behave appropriately ( подписка о невыезде и надлежащем поведении ). The court considered that, in view of the length of the applicant’s pre-trial detention and his assurances that he had no intention of absconding, its further extension was no longer justified. On the same day the applicant signed the relevant undertaking. 30.     On 5 April 2018 the Petrozavodsk City Court found the applicant guilty of illegal possession of firearm components and sentenced him to two and a half years’ restriction of liberty. He was acquitted of all charges relating to the production of child pornography, the court finding that the photographs had been taken to document the child’s physical condition in the exercise of his adoptive parent’s duties. The court declared inadmissible the expert opinion issued by the Centre for Socio-Cultural Expertise (see paragraph 17 above). 31.     On 14 June 2018 the Supreme Court of the Republic of Karelia, following an appeal by the city prosecutor, quashed the judgment and remitted the case for reconsideration. The preventive measure applied to the applicant remained unchanged.    The applicant’s pre-trial detention following charges of sexual offence and the second set of criminal proceedings      Investigation into sexual-assault charges and the first-instance trial 32.     On 15 May 2018 the Children’s Rights Commissioner of the Republic of Karelia sent a letter to the Investigative Committee in Karelia. In the letter, the Commissioner referred to the statements made by N. during a conversation with a psychologist indicating that she might have been sexually assaulted by the applicant. On the same day, the Investigative Committee requested the Centre for Children in Need of Psychological, Educational and Social Support to carry out an assessment of N.   On 18 May 2018 the assessment concluded that N. had been subjected to sexual violence and had been induced to pose for nude photographs, and that she had feelings of hatred and fear towards the applicant. 33.     On 6 June 2018 the investigator received an oral statement from N.’s grandmother, Ms. F., who reported that N. had confided in her that the applicant had frequently touched her genitals when they were alone. Later that day, the investigator questioned N. in the presence of Ms. F. and a psychologist. N. confirmed that the applicant had directed her poses during the nude photoshoots, had asked her to sit on his lap and had touched her genitals on multiple occasions. 34 .     On 27 June 2018 the applicant, accompanied by a friend, went to visit a cemetery outside Petrozavodsk. Afterwards, they decided to travel to a monastery located 180 kilometres from the city, in the neighbouring Leningrad Region. On the way, at around 4 p.m., their car was stopped by the police and the applicant was taken to the police station. 35.     The applicant was formally arrested on 27 June 2018 at 10.30 p.m. The arrest record stated that he was suspected of committing sexual assault against a minor under the age of fourteen, pursuant to Article 132 § 4 (b) of the Criminal Code. 36.     On 28 June 2018 the Petrozavodsk City Court ordered the applicant’s pre-trial detention until 26 August 2018. The court based its decision on a reasonable suspicion that the applicant had committed sexual assault against N. It also considered that the applicant had breached the conditions of the undertaking signed on 27 December 2017 by leaving his place of residence and intending to travel to a neighbouring region. 37.     On 23 July 2018 the Supreme Court of the Republic of Karelia upheld the detention order, referring to the seriousness of the charges against the applicant and his attempt to leave his place of residence. 38.     On 21 August 2018 the Petrozavodsk City Court extended the applicant’s detention until 26 October 2018, without advancing any new grounds. 39 .     On 9 October 2018 the Petrozavodsk City Court held a preliminary hearing. It merged the earlier criminal case under Articles 135, 242.2 and 222 of the Criminal Code with the new case concerning sexual assault. The court extended the applicant’s detention until 25 December 2018, finding that the circumstances underlying the original detention order had not changed. 40 .     On 18 December 2018 and 6 March 2019 the Petrozavodsk City Court extended the applicant’s detention until 25 March and 25 June 2019 respectively. The court noted, in particular, that N. had not yet been questioned as a prosecution witness, which created a risk that the applicant might exert pressure on her. On 21 January and 1 April 2019 the Supreme Court of the Republic of Karelia upheld both extension orders. 41 .     On 19 June 2019 the Petrozavodsk City Court extended the applicant’s detention until 25 September 2019. It acknowledged that, although N. had already been questioned during the trial and the prosecution had concluded the presentation of its evidence, there remained a possibility of the applicant influencing N. 42 .     On 25 September and 13 December 2019, and 23 March 2020 the Petrozavodsk City Court extended the applicant’s detention until 25   December 2019, 25 March and 25 June 2020 respectively. 43.     On 16 June 2020 the Petrozavodsk City Court examined the prosecutor’s request for a further extension of the applicant’s detention. The applicant sought a less stringent measure of restraint, referring to the risk of contracting COVID-19 in detention. Although the court acknowledged the serious epidemiological situation and the delays it had caused, it considered that sanitary preventive measures in the detention facility were sufficient and therefore extended the applicant’s detention until 25   July 2020. 44 .     On 22 July 2020 the Petrozavodsk City Court found the applicant guilty solely on the charge of sexual assault under Article 132 § 4 (b) of the Criminal Code. The court held that between 1 March 2012 and 13 December 2016 the applicant had on several occasions put his hand under N.’s clothing and touched her genitals, acts which impaired her physical, psychological and moral development. The applicant was acquitted of the remaining charges. 45.     The applicant was sentenced to three years and six months’ imprisonment. Taking into account the period already spent in pre-trial detention, he was to serve only a further four months in prison. The court ordered that the preventive measure in respect of the applicant be maintained until the judgment became final.      Appeal proceedings 46 .     On 31 July 2020 the prosecutor lodged an appeal against the judgment of the Petrozavodsk City Court. On 1 August 2020 the applicant’s lawyer, Mr   Anufriyev, who had represented him at first instance, also lodged an appeal. 47 .     On 16 September 2020 the appeals were scheduled to be examined by the Supreme Court of the Republic of Karelia. On 15 September 2020 Mr   Anufriyev requested that the hearing be adjourned, noting that he was on sick leave until 28 September. He enclosed an order of the Chief Sanitary Doctor for the South-Western District of Moscow of 15 September 2020 placing him in a fourteen-day quarantine as a person with COVID-19. 48 .     On 16 September 2020 the judge of the Supreme Court of the Republic of Karelia requested the President of the Regional Bar Association to appoint another lawyer to represent the applicant at the hearing scheduled for 22 September 2020. 49 .     On 20 September 2020 Mr Anufriyev lodged a further request for the adjournment of the hearing pending the end of his isolation, referring to the emergency epidemiological situation. He submitted that the criminal case file comprised nineteen volumes containing complex material and that the newly appointed lawyer would have only three days to study it, which would be insufficient to provide effective legal assistance. 50 .     On 22 September 2020 the Supreme Court of the Republic of Karelia held the appeal hearing with the applicant participating via video link and represented by the newly appointed lawyer, Mr Ch. The applicant challenged the latter’s participation on the grounds of lack of trust and insufficient time for preparation. Mr Ch. supported the challenge, noting that the applicant had another contracted lawyer who had been handling the case since the first ‑ instance trial. The court dismissed the challenge, observing, in particular, that the newly appointed lawyer had had three days to acquaint himself with the case file. The applicant also requested to participate in person, referring to his hearing impairment, but the court confined its examination to verifying the quality of the video link connection and rejected the request. 51 .     On the same date the Supreme Court of the Republic of Karelia ordered a new expert examination to determine whether the nine photographs of N. in which she appeared naked contained pornographic elements, in view of the contradiction between the expert reports of 9 January 2017 (see paragraph 17 above) and of 11 December 2017 (see paragraph 28 above). The applicant objected to the ordering of the new expert report. 52.     On 26 September 2020 a group of experts based in Petrozavodsk issued a new expert opinion concluding that the nine photographs in question contained pornographic elements. 53.     On 29 September 2020 the Supreme Court of the Republic of Karelia held a further appeal hearing, with the applicant participating via video link. The applicant again sought an adjournment on the grounds that Mr   Anufriyev’s sick leave had been extended, and he reiterated his challenge to the participation of Mr Ch. on the basis of lack of trust. Mr Ch. supported the challenge, but the court dismissed it, referring to Article 50 of the Code of Criminal Procedure, which allows the appointment of counsel where the contracted lawyer has not appeared within five days and the accused has not engaged another lawyer. 54 .     By its judgment of 29 September 2020 the Supreme Court of the Republic of Karelia quashed the judgment of 22 July 2020. It found the applicant guilty of sexually assaulting N. and sentenced him to thirteen years’ imprisonment in a penal colony, together with one and a half years’ restriction of liberty. Relying, in particular, on the new expert opinion of 26 September 2020, the appellate court remitted the remaining part of the case concerning the charges under Articles 135 §§ 1 and 3, 222 § 1 and 242.2 § 2 (c) of the Criminal Code to the Petrozavodsk City Court for re-examination by a newly composed bench. The appellate court also extended the applicant’s pre-trial detention for a further two months, until 28 November 2020, without adducing any new grounds. 55.     On 28 October 2020 a medical examination established that the applicant had chronic hearing loss of the first degree, corresponding to approximately 30% loss. 56 .     The applicant lodged a cassation appeal against the appeal judgment. On 16 February 2021 the Third Court of Cassation upheld the judgment. The applicant’s arguments concerning the lack of effective legal assistance and the refusal of his request to attend the appeal hearing in person were dismissed without further reasoning. 57 .     On 12 October 2021 the Supreme Court of the Russian Federation dismissed the applicant’s further cassation appeal. The conviction for the sexual assault of N. thereby became final. 58.     In the third round of proceedings, on 27 December 2021 the Petrozavodsk City Court convicted the applicant on the remaining charges and imposed a cumulative sentence of fifteen years’ imprisonment. This judgment was upheld by the appellate and cassation courts on 15 March 2022 and 17 January 2023 respectively. RELEVANT LEGAL FRAMEWORK         Relevant domestic law and practice 59.     For the relevant provisions and domestic practice concerning pre-trial detention, see Zherebin v. Russia , no. 51445/09, §§ 16-25, 24 March 2016. 60 .     Article 50   of the Code of Criminal Procedure entitles a defendant to choose and retain a lawyer as paid counsel. An investigator, prosecutor or court should provide a suspect or accused with counsel upon request or, failing that, a counsel may be appointed under Article 51 of the Code. In particular, Article 50 § 3 of the Code, as in force at the relevant time, provided that if the retained defence counsel failed to appear within five days of the request to invite counsel, the investigator, inquiry officer or court was entitled to propose that the suspect or accused invite another defence counsel. If he refused, measures could be taken to appoint a defence counsel in accordance with the procedure established by the Council of the Federal Chamber of Advocates.       Relevant international and European material    United Nations 61 .     In their statement of 1 February 2021, several UN human rights experts published a joint statement expressing serious concern that the criminal proceedings against the applicant were politically motivated and aimed at silencing and discrediting his work on uncovering Stalin-era mass executions, particularly after he was compelled to replace his chosen lawyer with a State-appointed counsel. They called on the Russian authorities to ensure that the charges were examined in good faith and in full compliance with fair-trial guarantees, including the right to legal assistance of one’s own choosing.    Council of Europe 62 .     On 30 September 2020 the Commissioner for Human Rights of the Council of Europe made a statement expressing serious concern that the thirteen-year sentence imposed on the applicant, following his earlier acquittal on the same charges and delivered in the absence of his chosen legal counsel, raised serious doubts as to the credibility of his prosecution and fairness of the proceedings. The Commissioner considered that the judgment illustrated judicial harassment aimed at discrediting the applicant for his legitimate human rights and historical work and called on the Russian authorities to ensure full compliance with fair-trial guarantees in his case.    European Union 63 .     In a statement issued on 30 September 2020, the European Union stated that the judgment of 29 September 2020 increasing the applicant’s sentence to thirteen years’ imprisonment, after he had already spent more than three years in detention, raised serious concerns and was linked to his human rights work and research on Soviet-era repression. It described the judgment as “unsubstantiated and unjust” and called for the applicant’s immediate and unconditional release, including on humanitarian grounds. THE LAW         preliminary issues 64.     The Court observes that the applicant’s pre-trial detention and the first and second sets of criminal proceedings, which gave rise to the alleged violations of the Convention, occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present application (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2   others, §§   68‑73, 17 January 2023, and Pivkina and Others v. Russia (dec.), no.   2134/23 and 6 others, §§ 60-70, 6 June 2023). 65.     The Court further notes that the Government, by failing to submit any written observations in the present case, manifested an intention to abstain from participating in its examination. However, the cessation of a Contracting Party’s membership of the Council of Europe does not release it from its duty to cooperate with the Convention bodies. Consequently, the Government’s failure to engage in the proceedings cannot constitute an obstacle to the examination of these cases (Rule 44C of the Rules of Court; see also Georgia v. Russia (II) (just satisfaction) [GC], no. 38263/08, §§ 25-27, 28 April 2023; Svetova and Others v. Russia , no. 54714/17, §§ 29-31, 24   January 2023; and Glukhin v. Russia , no. 11519/20, §§ 42-43, 4 July 2023).       ALLEGED VIOLATION OF ARTICLE 5 §§ 1 and 3 OF THE CONVENTION 66.     The applicant complained that his arrest and pre-trial detention had not been based on a “reasonable suspicion” that he had committed criminal offences, in breach of Article 5 § 1 (c). He also complained that the domestic courts had failed to provide “relevant and sufficient reasons” for the duration of his pre-trial detention, contrary to Article   5   § 3 of the Convention. Article   5 of the Convention, 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; ... 3.     Everyone arrested or detained in accordance with the provisions of paragraph   1   (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”    Alleged breach of Article 5 § 1 of the Convention 67.     The applicant alleged that his initial detention in December 2016 on charges of producing child pornography was not based on a “reasonable suspicion” within the meaning of Article 5 § 1 (c) of the Convention. He argued that the photographs of N. had been taken solely to document her physical development for custody officials, did not depict sexualised poses, and involved no sexual abuse. In his view, he could not reasonably have foreseen criminal liability for such conduct, as the decisive element distinguishing pornographic images of a child from non-pornographic ones was the sexual purpose of their production, which he maintained was absent in his case. 68 .     The Court reiterates that the requirement of a “reasonable suspicion” under Article 5 § 1 (c) does not entail proof that an offence has been committed, nor does it require that the authorities be able, at the time of the arrest, to determine with certainty the correct legal classification of the facts. It presupposes the existence of facts or information capable of satisfying an objective observer that the person concerned may have committed an offence. Thus, facts which raise a suspicion need not be of the same level as those necessary to justify a conviction or even the bringing of a charge, which comes at the next stage of the process of criminal investigation (see Selahattin Demirtaş v. Turkey (no. 2) [GC], no.   14305/17, §§ 314-15, 22 December 2020, with further references). 69.     In the present case, the applicant’s arrest followed the opening of a criminal case after the police had received an anonymous letter alleging that he had taken nude photographs of his minor daughter, accompanied by two such photographs. In the course of the ensuing preliminary inquiry, a search of the applicant’s flat and the seizure of his computer revealed a large number of photographs of the child, some of which depicted her naked. The applicant did not dispute having taken and stored those photographs (see paragraphs   9 ‑ 12 above). 70 .     Having regard to the quantity and nature of the material discovered, the age of the child, and the fact that the photographs were taken and retained by a person exercising parental authority, the Court considers that the authorities had at their disposal objective elements capable of giving rise to a reasonable suspicion that the facts in question had indeed occurred and could reasonably be regarded as falling within the scope of the relevant criminal provisions, namely Article 242.2 of the Criminal Code (see paragraphs 13 and 14 above; compare Yaygin v. Turkey (dec.), no.   12254/20, § 46, 16   February 2021). At this preliminary stage, the existence of a reasonable suspicion did not depend on a definitive assessment of the applicant’s intent to take photographs for sexual purposes or on a final determination of whether the images were pornographic in nature. The facts giving rise to suspicion were not required to reach the level necessary to justify charges or a conviction; it was sufficient that they were capable of satisfying the threshold that the arrested person was reasonably suspected of having committed the alleged offence (see Selahattin Demirtaş , cited above, § 319). 71.     Accordingly, the Court finds that, in the circumstances of the present case, the applicant’s arrest and initial detention were based on a reasonable suspicion within the meaning of Article 5 § 1 (c) of the Convention. This part of the complaint is therefore manifestly ill-founded and must be rejected pursuant to Article 35 §§ 3 (a) and 4 of the Convention.    Alleged lack of relevant grounds justifying pre-trial detention under Article 5 § 3 of the Convention        Admissibility 72.     The Court notes that this complaint is neither manifestly ill ‑ founded nor inadmissible on any other grounds listed in Article   35 of the Convention. It must therefore be declared admissible.      Merits    Submissions by the applicant 73 .     The applicant submitted that during both periods of detention (from December 2016 to January 2018 and from June 2018 to September 2020) the domestic courts had failed to provide “relevant and sufficient” reasons. In his view, the courts merely repeated abstract references to the gravity of the charges and the risks of absconding or exerting pressure on N., without identifying concrete circumstances supporting those risks. Moreover, the courts did not give proper consideration to alternative measures of restraint, such as house arrest. 74 .     As regards the second period of detention, the applicant contended that the domestic courts’ reliance on his alleged breach of the undertaking not to leave his place of residence as a ground for placing him in detention rendered those decisions arbitrary, as they were not based on clear domestic rules. He argued, in particular, that Article   102 of the Code of Criminal Procedure did not clearly specify the situations in which a person was required to seek prior permission before travelling, thereby making the restriction unforeseeable. 75.     Lastly, the applicant submitted that the domestic authorities had acted in bad faith, referring in particular to the expert opinion of 9 January 2017 (see paragraph 17 above), which was later excluded from evidence at trial. He argued that his continued detention based on such evidence was arbitrary.    The Court’s assessment 76.     The relevant principles concerning the length and the justification of pre-trial detention under Article 5 § 3 of the Convention are set out in Buzadji v.   the Republic of Moldova ([GC], no.   23755/07, §§   87-91, 5   July 2016), and Merabishvili v.   Georgia ([GC], no.   72508/13, §§   222-25, 28   November 2017). 77.     In particular, the authorities must provide “relevant and sufficient” reasons for continued detention and display “special diligence” in the conduct of proceedings (see Romanova v. Russia , no.   23215/02, § 125, 11 October 2011). The gravity of the charges cannot in itself serve as a justification for lengthy detention (see Khudoyorov v. Russia , no.   6847/02, §   180, ECHR 2005-X (extracts)). The authorities must also consider less intrusive measures, and their failure to do so weighs against the justification for continued detention (see Idalov v. Russia [GC], no. 5826/03, §§ 140 and 148, 22 May 2012).       The first period of pre-trial detention 78.     The applicant was arrested on 13 December 2016 and released under the undertaking not to leave his place of residence on 28 January 2018. The period under consideration therefore amounts to one year and one and a half months (see Kovyazin and Others v. Russia , nos. 13008/13 and 2 others, § 75, 17   September 2015). 79.     The Court has already found that the applicant’s arrest and initial detention were based on a reasonable suspicion within the meaning of Article   5 § 1 (c) of the Convention, and it accepts that such suspicion persisted throughout the first round of the criminal proceedings leading to his conviction (see Kovrov and Others v.   Russia , nos.   42296/09 and 4 others, §   91, 16 November 2021). However, while the persistence of reasonable suspicion remains a necessary condition for continued detention, it is not in itself sufficient; once the authorities review the detention, they must also give other “relevant and sufficient” grounds to justify its prolongation. Those other grounds may include, in particular, a risk of flight, a risk of pressure being brought to bear on witnesses or of evidence being tampered with, a risk of collusion, or a risk of reoffending. It is essentially on the basis of the reasons set out in the decisions of the national judicial authorities concerning the applicant’s pre-trial detention, and of the arguments made by the applicant in his requests for release or appeals, that the Court is called upon to decide whether there has been a violation of Article 5 § 3 of the Convention (see Merabishvili , cited above, §§ 222-25). 80.     The Court will now examine the decisions extending the applicant’s detention, after the initial decision to place the applicant in pre-trial detention was taken by the Petrozavodsk City Court (see paragraph 14 above). In those decisions, the domestic courts relied on three grounds: the gravity of the charges, the applicant’s administrative convictions, and the risk of his exerting pressure on the victim (see paragraphs 21, 22 and 26 above). The courts did not identify any specific facts supporting a real risk of absconding or interference with the investigation. 81.     As to the alleged risk of exerting pressure on the victim, the Court notes that N. had been removed from the applicant’s care shortly after his arrest and placed with her grandmother some 600 kilometres away (see paragraph 15 above). The domestic courts did not assess whether, in these circumstances, the applicant had any realistic means or intention to influence her. 82.     As regards the applicant’s administrative convictions, the domestic courts did not specify what offences he had committed or explain how these minor infractions increased the risks of absconding or reoffending in the context of criminal proceedings. While previous convictions may, in certain circumstances, be relevant to the assessment of the risk of reoffending (see Shenoyev v.   Russia , no. 2563/06, §   50, 10 June 2010), the courts failed to demonstrate how the applicant’s administrative record justified his continued detention (see Aleksey Makarov v. Russia , no.   3223/07, § 51, 12   June 2008). 83.     Furthermore, the extension orders relied on standard formulae and did not reflect an individualised assessment of the applicant’s situation or a genuine reassessment of whether his continued detention remained necessary. The domestic courts did not engage with the evolution of the proceedings, including the completion of the key investigative steps, and confined themselves to reiterating the grounds relied upon at the outset. Their decisions do not disclose any analysis as to whether detention continued to serve a legitimate aim at the later stages of the proceedings. Moreover, despite the defence’s repeated requests, the courts did not examine whether less intrusive measures, such as house arrest, could have sufficed (see paragraphs 22 and 21 above). Such automatic reasoning falls short of the requirements of Article   5 § 3 (see Buzadji , cited above, § 122). Accordingly, the domestic courts failed to provide “relevant and sufficient” reasons to justify the applicant’s continued detention. 84 .     There has therefore been a violation of Article 5 § 3 of the Convention in respect of the detention from 13 December 2016 to 28 January 2018.     The second period of pre-trial detention 85 .     The applicant was arrested on 27 June 2018 on charges of sexual assault and remained in custody until 29 September 2020, when the Supreme Court of the Republic of Karelia delivered the appeal judgment convicting him. The Court notes that the applicant did not raise a complaint concerning the alleged lack of “reasonable suspicion” in connection with this second period, but challenged the quality of the domestic courts’ reasoning in their decisions to order and extend his detention (see paragraphs 73 and 74 above). This complaint falls to be examined under Article 5 § 3. Having found above a violation of that provision in respect of the detention from 13 December 2016 to 28   January 2018, the Court considers it unnecessary to examine separately whether the applicant’s detention during the subsequent period also complied with the requirements of Article 5 § 3 of the Convention (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no.   47848/08, § 156, ECHR 2014).     ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION 86.     The applicant complained under Article 6 §§ 1 and 3 (c) of the Convention that the overall fairness of the second round of the criminal proceedings had been impaired. In particular, he alleged that he had been unable to participate effectively in the appeal hearing conducted by video link or to challenge the evidence presented, and that he had been deprived of effective legal assistance of his own choosing during that hearing. Article 6 of the Convention in the relevant parts reads as follows: “1.     In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by [a] ... tribunal ...” ... 3.     Everyone charged with a criminal offence has the following minimum rights: ... (c)     to defend himself in person or through legal assistance of his own choosing ...”    Admissibility 87.     The Court notes that this complaint is neither manifestly ill-founded nor inadmissible on any other grounds listed in Article   35 of the Convention. It must therefore be declared admissible.    Merits      Submissions by the applicant 88.     The applicant submitted that the appointment of Mr Ch., designated by the appellate court to replace his chosen lawyer, resulted in ineffective legal assistance. He emphasised that Mr Anufriyev had represented him since 2016 and was thoroughly familiar with the case. By contrast, Mr Ch. had only a few days to study a complex case file comprising nearly twenty volumes, which h