CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 mars 2022
- ECLI
- ECLI:CEDH:001-223747
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- 2 mars 2022
droits fondamentauxCEDH
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.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } Published on 27 March 2023   FOURTH SECTION Application no.   41907/20 Aleksandr Sergeyevich LOBKOVSKIY against Russia and 60 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 2 March 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website . SUBJECT MATTER The applications concern the complaints raised under Article 5   §   3 of the Convention concerning the excessive length of pre-trial detention subject of well-established case law of the Court (see Dirdizov v. Russia, no. 41461/10, 27 November 2012).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 5   §   3 of the Convention (excessive length of pre-trial detention) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Period of detention Court which issued detention order/examined appeal Length of detention Specific defects Other complaints under well ‑ established case-law     41907/20 11/01/2021 Aleksandr Sergeyevich LOBKOVSKIY 1981     16/04/2020 pending Sovetskiy District Court of Krasnoyarsk, Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court More than 2 year(s) and 7 month(s) and 21 day(s)   use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint       49670/20* 16/02/2021 Dmitriy Mukhammadzhonovich KHAYDAROV 1976     19/06/2020 pending Kirovskiy District Court of Novosibirsk; Novosibirsk Regional Court More than   2 year(s) and 5 month(s) and 18 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint       1697/21 10/12/2020 Maksim Valeryevich CHUGUNOV 1982 Oleg Sergeyevich Muravyev Moscow 25/09/2019 pending Tverskoy District Court of Moscow, Moscow City Court, First Appellate Court More than   3 year(s) and 2 month(s) and 12 day(s)   fragility of the reasons employed by the courts; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention.     3603/21* 07/12/2020 Ziyafat Guseyn ogly PIRIYEV 1970     18/07/2017 pending Kalininskiy District Court of St Petersburg, Moscovskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court More than   5 year(s) and 4 month(s) and 19 day(s)   fragility of the reasons employed by the courts; collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding failure to examine the possibility of applying other measures of restraint Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in an overcrowded glass cabin in St Petersburg City Court (16/07/2018 - pending) with other co-defendants; with a very limited private space; lack of fresh air.     4103/21 30/12/2020 Vladislav Andreyevich KISELEV 1995 Tatyana Viktorovna Sukhareva Moscow 03/07/2019 pending Sovetskiy District Court of Nizhniy Novgorod, Nizhniy Novgorod Regional Court More than   3 year(s) and 5 month(s) and 4 day(s)   collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; fragility and repetitiveness of the reasoning employed by the courts as the case progressed       4334/21 30/12/2020 Igor Vasilyevich AROKIN 1972 Vyacheslav Spartakovich Kim Abakan 29/12/2016 to 28/09/2020 Abakan Town Court, Supreme Court of Republic of Khakassia 3 year(s) and   9 month(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Confinement in a metal cage during first-instance hearings. Numerous placements in a metal cage with the most recent being on 28/09/2020.     4532/21 29/12/2020 Anton Sergeyevich BATAYEV 1983 Vyacheslav Vasilyevich Savin Stavropol 18/06/2020 pending Leninskiy Distrcit Court of Stavropol; Stavropol Regional Court More than   2 year(s) and 5 month(s) and 19 day(s)   failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice       4538/21* 21/12/2020 Sergey Aleksandrovich PROKHOROV 1987 Aleksandr Vladimorovich Molokhov Moscow 22/07/2020 pending Babushkinskiy District Court of Moscow, Moscow City Court More than   2 year(s) and 4 month(s) and 15 day(s)   fragility of the reasons employed by the courts; collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice           7307/21* 29/12/2020 Sayd-Emin Khabilovich IBISHEV 1977 Dmitriy Aleksandrovich Ustyuzhaninov St Petersburg 18/07/2017 pending Sestroretskiy District Court of St Petersburg, Kalininskiy District Court of St Petersburg, Moskovkiy District Court of St Petersburg, St Petersburg City Court More than   5 year(s) and 4 month(s) and 19 day(s)   collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Complaint about placement of the applicant in a overcrowded glass cabin on numerous occasions during the proceedings in St Petersburg City Court concerning his detention orders (the period from 13/07/2018 - pending). The applicant claims that one of his co-accused sick with COVID-19 was kept in the same glass cabin with the applicant and other co-accused.   7385/21 05/05/2021 Mikhail Yuryevich BASHAGUROV 1971     09/11/2016 to 17/12/2018   23/05/2019 pending Sovetskiy District Court of Tomsk, Tomsk Regional Court 2 year(s) and   1 month(s) and 9 day(s)   More than   3 year(s) and 6 month(s) and 14 day(s)   failure to examine the possibility of applying other measures of restraint; fragility of the reasons employed by the courts; fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding     7746/21 29/01/2021 Vladimir Fedorovich KUPAVSKIY 1966     10/12/2020 pending Perm Garrison Military Court; Central Circuit Military Court More than   1 year(s) and 11 month(s) and 27 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding     7898/21* 29/12/2020 Nver Arutyunovich OGANISYAN 1964 Dmitriy Aleksandrovich Ustyuzhaninov St Petersburg 05/04/2018 to 27/08/2020 Moskovskiy District Court of   St Petersburg, St Petersburg City Court, Second Appellate Court 2 year(s) and   4 month(s) and 23 day(s)   collective detention orders; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention fragility of the reasons employed by the courts Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Complaint about placement of the applicant in an overcrowded glass cabin on numerous occasions during the proceedings in St Petersburg City Court concerning his detention orders (the period from 03/04/2019 till 27/08/2020). The applicant claims that one of his co-accused sick with COVID-19 was kept in the same glass cabin with the applicant and other co-accused.   7968/21* 29/12/2020 Murat Vakhayevich EZHAYEV 1986 Dmitriy Aleksandrovich Ustyuzhaninov St Petersburg 05/04/2018 pending Moskovskiy Disrtict Court of St Petersburg, St Petersburg City Court, Second Appellate Court More than   4 year(s) and 8 month(s) and 2 day(s)   fragility of the reasons employed by the courts; collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in an overcrowded glass cabin on numerous occasions during the proceedings in St Petersburg City Court (the period from 03/04/2019 - pending). The applicant claims that one of his co-accused sick with COVID-19 was kept in the same glass cabin with the applicant and other co-accused.   9289/21* 25/01/2021 Aglyam Kiyamovich SADRETDINOV 1951 Robert Nurgaleyevich Khaliullin Kazan 16/07/2020 pending Sovetskiy District Court of Kazan, Supreme Court of the Tatarstan Republic More than   2 year(s) and 4 month(s) and 21 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during the proceedings related to the preventive measure before the Sovetskiy District Court of Kazan from 17/07/2020.   10255/21* 31/01/2021 Zhanna Nikolayevna IDILOVA 1979 Tatyana Viktorovna Sukhareva Moscow 30/08/2018 to 02/08/2021   Babushkinskiy District Court of Moscow, Odintsovskiy Town Court of the Moscow Region, Moscow City Court 2 year(s) and 11 month(s) and 4 day(s)   failure to conduct the proceedings with due diligence during the period of detention; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts                       11527/21* 03/02/2021 Andrey Aleksandovich GANYUSHIN 1979     04/05/2017 to 15/10/2020   09/04/2021 pending Volgograd Regional Court,     Moscow City Court, First Appeal Court 3 year(s) and   5 month(s) and 12 day(s)   More than   1 year(s) and 7 month(s) and 28 day(s)   failure to conduct the proceedings with due diligence during the period of detention; collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint     11711/21 18/02/2021 Nikita Valeryevich LUKYANOV 1985 Marina Vladimirovna Pchelintseva Moscow 27/03/2019 pending Preobrazhenskiy District Court of Moscow, Izmaylovskiy District Court of Moscow, Moscow City Court More than   3 year(s) and 8 month(s) and 10 day(s)   use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint     12193/21* 10/02/2021 Andrey Mikhaylovich DAVYDENKO 1982     18/05/2017 pending Tverskoy District Court of Moscow, Perovskiy District Court of Moscow, Moscow City Court More than   5 year(s) and 6 month(s) and 19 day(s)   fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; collective detention orders     12530/21* 26/02/2021 Vitaliy Vasilyevich PONOMAREV 1959 Aleksandr Vladimirovich Zimin St Petersburg 11/08/2020 pending Oktyabrskiy District Court of St Petersburg, St Petersburg City Court More than   2 year(s) and 3 month(s) and 26 day(s)   failure to examine the possibility of applying other measures of restraint; fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to conduct the proceedings with due diligence during the period of detention     12907/21* 26/02/2021 Yerlan Yuryevich USAYEV 1996 Damir Rafaelevich Abdullayev Astrakhan 30/08/2019 pending Trusovskiy District Court of Astrakhan, Leninskiy District Court of Astrakhan, Astrakhan Regional Court More than   3 year(s) and 3 month(s) and 7 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention     14883/21 16/02/2021 Aziyat Mikhaylovich ORUSTUK 1985     14/04/2020 pending Emelyanovskiy District Court of Krasnoyarsk Region, Krasnoyarsk Regional Court More than   2 year(s) and 7 month(s) and 23 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice     14903/21 17/02/2021 Aleksandr Nikolayevich VISHNYAKOV 1988 Andrey Aleksandrovich Dunin Kozmodemyansk 11/11/2020 pending Gornomariyskiy District Court of Mari El Republic, Supreme Court of Mari El Republic More than   2 year(s) and 26 day(s)   failure to examine the possibility of applying other measures of restraint; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding     15558/21* 16/03/2021 Ilya Vladimirovich KUFMAN 1969 Dmitriy Aleksandrovich Kozinets Moscow 02/09/2020 pending Zamoskvoretskiy District Court of Moscow; Moscow City Court More than   2 year(s) and 3 month(s) and 5 day(s)   use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding     15677/21* 05/03/2021 Sergey Aleksandrovich BELOUSOV 1987 Tatyana Anatolyevna Artemova Moscow 17/04/2019 pending Moscow Garrison Military Court, Second Western Circuit Military Court, Appeal Military Court More than   3 year(s) and 7 month(s) and 20 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint       Art. 5 (4) - excessive length of judicial review of detention - 01/10/2020, Second Western Circuit Military Court 29/10/2020, Appeal Military Court.   16293/21* 19/03/2021 Akif Choban ogly BADALOV 1964 Oksana Yuryevna Yampolskaya Moscow 07/05/2019 pending Moskovskiy District Court of Cheboksary; Leninskiy District Court of Cheboksary; Shcherbinskiy District Court of Moscow; Moscow City Court More than   3 year(s) and 7 month(s)   failure to conduct the proceedings with due diligence during the period of detention; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint     17831/21 18/03/2021 Dmitriy Viktorovich YAKUSHEV 1980     19/04/2017 to 27/07/2021 Leninskiy District Court of Krasnoyarsk; Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic 4 year(s) and 3 month(s) and 9 day(s)   collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice     18064/21* 12/03/2021 Anton Ivanovich STARK 1987 Anna Vladimirovna Varlakova Yekaterinburg 01/12/2018 pending Verkh-Isetskiy District Court of Yekaterinburg, Tverskoy Districty Court of Moscow, Moscow City Court, Sverdlovsk Regional Court, First Appellate Court More than   4 year(s) and 6 day(s)   fragility of the reasons employed by the courts; collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to conduct the proceedings with due diligence during the period of detention     18069/21* 31/03/2021 Dilfuza Mamasharifovna CHUTBAYEVA 1971 Dmitriy Mikhaylovich Khlystov Moscow 02/06/2020 pending Khoroshevskiy District Court of Moscow, Moscow City Court More than   2 year(s) and 6 month(s) and 5 day(s)   fragility of the reasons employed by the courts; collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint     19201/21 22/03/2021 Aleksey Alekseyevich KHODYREV 1987 Oleg Valentinovich Ilyin Moscow 26/02/2020 pending Tverskoy District Court of Moscow, Moscow City Court More than   2 year(s) and 9 month(s) and 11 day(s)   failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; fragility of the reasons employed by the courts     20375/21 14/04/2021 Sergey Aleksandrovich NEVSKIY 1966 Sergey Aleksandrovich Nasonov Moscow 17/11/2020 pending Dorogomilovskiy District Court of Moscow, Moscow City Court More than   2 year(s) and 20 day(s)   failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts     20541/21* 29/03/2021 Ivan Valeryevich LYSOV 1991 Natalya Petrovna Li St Petersburg 22/08/2019 pending Kalininskiy District Court of St Petersburg, Kuybyshevskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court More than   3 year(s) and 3 month(s) and 15 day(s)   failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention.   21102/21* 29/03/2021 Kirill Mikhaylovich LYNNIK 1994     14/02/2018 pending Sovetskiy Distrcit Court of Krasnoyarsk, Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court More than   4 year(s) and 9 month(s) and 23 day(s)   fragility of the reasons employed by the courts; collective detention orders; failure to examine the possibility of applying other measures of restraint     24213/21 24/02/2021 Rustam Mukharamovich NAFIKOV 1994     19/04/2017 to 27/07/2021 Sverdlovskiy District Court of Krasnoyarsk; Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic 4 year(s) and 3 month(s) and 9 day(s)   collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice               24229/21 24/02/2021 Nikolay Vladimirovich ISTOMIN 1994     16/04/2017 to 27/07/2021 Vakhitovskiy District Court of Kazan; Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic 4 year(s) and 3 month(s) and 12 day(s)   collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice     24230/21 08/03/2021 Ilshat Ildarovich ORLOV 1988     18/02/2020 pending Vakhitovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic More than   2 year(s) and 9 month(s) and 19 day(s)   fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding     25740/21* 30/04/2021 Sergey Petrovich KALININ 1963 Sergey Aleksandrovich Knyazkin Moscow 03/11/2020 pending Moscow City Court, First Appellate Court More than   2 year(s) and 1 month(s) and 4 day(s)   fragility of the reasons employed by the courts; failure to conduct the proceedings with due diligence during the period of detention; collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; fragility and repetitiveness of the reasoning employed by the courts as the case progressed     26274/21 21/04/2021 Pavel Nikolayevich PUSHKANOV 1985     20/04/2017 to 27/07/2021 Leninsky District Court of Krasnoyarsk, Novo-Savinovsky Distirct Court of Kazan, Supreme Court of Tatarstan Republic 4 year(s) and 3 month(s) and 8 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; collective detention orders     26732/21* 02/05/2021 Anatoliy Alekseyevich STEPANOV 1989     20/12/2017 pending Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic More than   4 year(s) and 11 month(s) and 17 day(s)   failure to examine the possibility of applying other measures of restraint; fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice     28089/21 06/05/2021 Denis Aleksandrovich MARTYNIN 1994     21/09/2018 pending Sovetskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court More than   4 year(s) and 2 month(s) and 16 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint     28607/21 14/05/2021 Aleksandr Mikhaylovich AKHMEDOV 1981     13/10/2019 pending Naberezhnyye Chelny Town Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic More than   3 year(s) and 1 month(s) and 24 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint     30589/21 15/05/2021 Rishat Eduardovich NIGMATZYANOV 1996     30/09/2018 pending Almetyevsk Town Court of Tatarstan Republic, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court More than   4 year(s) and 2 month(s) and 7 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint Art. 5 (4) - excessive length of judicial review of detention - detention order - 30/04/2021, Supreme Court of Tatarstan Republic; appealed on 04/05/2021; appeal judgment - 26/05/2021, Fourth Appellate Court.   31474/21 28/05/2021 Guzer Valeryevich KHASHUKAYEV 1980 Artur Olegovich Speranskiy Moscow 30/01/2019 pending Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court More than   3 year(s) and 10 month(s) and 7 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; collective detention orders         33430/21 03/06/2021 Lenar Gumarovich RAKHMATULLIN 1986     23/05/2019 pending Zelenodolsk Town Court of the Tatarstan Republic, Pestrechinskiy District Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic, Fourth Appellate Court More than   3 year(s) and 6 month(s) and 14 day(s)   failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts; collective detention orders Art. 5 (4) - excessive length of judicial review of detention - 15/12/2020, Supreme Court of the Tatarstan Republic, 21/01/2021, Fourth Appellate Court; 18/01/2021, Supreme Court of the Tatarstan Republic, 18/02/2021, Fourth Appellate Court.   35298/21 30/06/2021 Anton Arkadyevich MOZGOVOY 1988     07/07/2020 pending Leninsky District Court of Krasnoyarsk, Zheleznodorozhny District Court of Krasnoyarsk, Krasnoyarsk Regional Court More than   2 year(s) and 5 month(s)   fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding Art. 3 - use of metal cages and/or other security arrangements in courtrooms - the applicant was kept in a cage on several occasions during the proceedings in Zheleznodorozhnyy District Court of Krasnoyarsk, starting from 01/09/2020 to 28/04/2021;   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   35393/21 07/06/2021 Aleksey Aleksandrovich SAZONOV 1982     21/02/2017 to 27/07/2021 Novo-Savinovskiy District Court of Kazan, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic 4 year(s) and 5 month(s) and 7 day(s)   collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts     37883/21* 13/07/2021 Igor Razmikovich MNATSAKANOV 1977 Aleksandr Vasilyevich Savin Stavropol 12/02/2021 to 16/06/2022 Leninskiy District Court of Stavropol, Stavropol Regional Court, the Third Appellate Court 1 year(s) and   4 month(s) and 5 day(s)   failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention Art. 5 (4) - excessive length of judicial review of detention - Extension order by Stavropol Regional Court of 27/10/2021 reviewed on appeal by the Third Appellate Court on 13/12/2021 Extension order of 07/04/2022 by the Stavropol Regional Court reviewed on appeal by the Third Appellate Court on 19/05/2022 (appeal lodged on 09/04/2022).   39065/21* 29/07/2021 Vitaliy Vilayatovich MUSAYEV 1989 Aleksandr Anatolyevich Anokhin Astrakhan 02/07/2020 to 07/10/2021 Nevskiy District Court of St Petersburg, St Petersburg City Court, Second Western Circuit Military Court, Appellate Military Court 1 year(s) and 3 month(s) and 6 day(s)   fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint; fragility and repetitiveness of the reasoning employed by the courts as the case progressed Art. 5 (4) - excessive length of judicial review of detention - Second Western Circuit Military Court, 17/08/2021, Appellate Military Court 01/11/2021.   40912/21* 30/07/2021 Anatoliy Nikolayevich RYKOV 1979 Yuliya Vladimirovna Strelkova Moscow 17/10/2018 pending Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court of General Jurisdiction, Supreme Court of the RF, Khamovnicheskiy District Court of Moscow More than   4 year(s) and 1 month(s) and 20 day(s)   fragility of the reasons employed by the courts; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint Art. 5 (4) - excessive length of judicial review of detention – decision by the Supreme Court of the Russian Federation of 29/12/2020 reviewed by the Supreme Court of the Russian Federation sitting as an appellate court on 18/02/2021; decision by the Khamovnicheskiy District Court of Moscow of 31/03/2021 reviewed by the Moscow City Court on 11/05/2021;   Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - SIZO-5 Moscow; refusals on the ground to preserve the confidentiality of investigation, no communication with relatives.                                     43578/21* 01/12/2021 Aleksandr Vladimirovich BELOV 1982 Oleksandr Ovchynnykov Strasbourg 26/08/2019 pending Sovetskiy District Court of Krasnoyarsk, Centralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Appeal Court More than   3 year(s) and 3 month(s) and 19 day(s) use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention Art. 5 (4) - excessive length of judicial review of detention - First-instance court, date of detention orders: Sovetskiy District Court of Krasnoyarsk, 09/03/2021; Sovetskiy District Court of Krasnoyarsk, 20/05/2021; Sovetskiy District Court of Krasnoyarsk, 08/09/2021; Sovetskiy District Court of Krasnoyarsk, 01/12/2021.   Appeal court, date of decisions, respectively: Krasnoyarsk Regional Court, 09/06/2021; Krasnoyarsk Regional Court, 07/09/2021; Krasnoyarsk Regional Court, 19/10/2021; Krasnoyarsk Regional Court, 08/02/2022;   Art. 8 (1) - restrictions on family visits in pre-trial facilities - SIZO-1 Krasnoyarsk, 26/08/2019 - 09/03/2022: physical separation and supervision during short-term family visits with the applicant’s wife, refusals of long-term family visits with her;   Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits.                   44954/21* 23/08/2021 Yevgeniy Aleksandrovich GURTYAKOV 1984 Andrey Yevgenyevich Golubenko Nea Skiony 20/03/2018 pending Kirovskiy District Court of Tomsk, Oktyabrskiy District Court of Tomsk, Tomsk Regional Court More than   4 year(s) and 8 month(s) and 23 day(s) collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; fragility and repetitiveness of the reasoning employed by the courts as the case progressed Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings - and in respect of inadequate conditions of detention during transport and permanent video surveillance of detainees in pre-trial or post-conviction detention facilities;   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kirovskiy District Court of Tomsk, Oktyabrskiy District Court of Tomsk, Tomsk Regional Court, 22/03/2018 – ongoing;   Art. 3 - inadequate conditions of detention during transport - van; 0,2-0.3 sq. m. per inmate; 22/03/2018-23/07/2021; overcrowding, applicant transported on numerous occasions, inadequate temperature, no or restricted access to toilet, no or restricted access to potable water;   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Tomsk Region, 20/09/2018-23/07/2021, opposite-sex operators, video surveillance in a lavatory and/or shower room;   Art. 5 (4) - excessive length of judicial review of detention:   Oktyabrskiy District Court of Tomsk, 04/02/2021, Tomsk Regional Court, 19/04/2021; Oktyabrskiy District Court of Tomsk, 30/04/2021, Tomsk Regional Court, 07/06/2021.       46205/21* 23/08/2021 Yelena Vladimirovna TROFIMOVA 1995     27/04/2018 to 13/10/2021 Vahitovskiy District Court of Kazan, Supreme Court of Tatarstan Republic, the Fourth Appellate Court 3 year(s) and   5 month(s) and 17 day(s)   fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint Art. 5 (4) - excessive length of judicial review of detention - Extension order by the Supreme Court of Tatarstan Republic of 28/04/2021 reviewed by the Fourth Appellate Court on 11/06/2021.   53915/21* 19/10/2021 Aleksandr Sergeyevich FEDERYAKOV 1984 Aleksandr Aleksandrovich Borkov Moscow 31/03/2021 pending Presnenskiy District Court of Moscow, Moscow City Court More than   1 year(s) and 8 month(s) and 7 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint     56836/21* 24/10/2021 Pavel Sergeyevich YASTREBOV 1979     17/06/2020 pending Nevskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court More than   2 year(s) and 5 month(s) and 20 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention Art. 5 (4) - excessive length of judicial review of detention:   St Petersburg City Court 15/06/2021, Second Appellate Court 08/07/2021, appeal lodged on 16/06/2021;   St Petersburg City Court 25/08/2021, Second Appellate Court 23/09/2021, appeal lodged on 26/08/2021.   57704/21* 14/01/2022 Vladimir Gennadyevich KUZNETSOV 1982     09/09/2021 pending Kirovskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court More than   1 year(s) and 2 month(s) and 28 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint         Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kirovskiy District Court of Krasnoyarsk, 09/09/2021-pending.   58753/21* 26/10/2021 Aleksey Viktorovich VLASENKO 1965 Igor Stanislavovich Shurpik Moscow 16/03/2021 pending Basmanniy District Court of Moscow, Meshchanskiy District Court of Moscow, Moscow City Court More than   1 year(s) and 8 month(s) and 21 day(s)   collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; fragility of the reasons employed by the courts     622/22 16/12/2021 Nikolay Aleksandrovich SHUKHOV 1976 Taras Valeryevich Yashchenko Moscow 10/07/2020 pending Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court More than   2 year(s) and 4 month(s) and 27 day(s)   failure to examine the possibility of applying other measures of restraint; fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding Art. 5 (4) - excessive length of judicial review of detention - The applicant claims that on 09/06/2021 he appealed against the decision extending his pre-trial detention of 07/06/2021. However, an appeal hearing took place only on 01/09/2021, 2 months and 23 days later;   Art. 8 (1) - restrictions on family visits in pre-trial facilities - Refusal on 25/03/2022 of long-term family visits ( Resin v. Russia (no. 9348/14, §§ 39 41, 18 December 2018).   3178/22* 09/01/2022 Ketevan Guramovna KHARAIDZE 1958 Valentina Viktorovna Yashchenko Krasnogorsk 19/06/2021 pending Khamovnicheskiy District Court of Moscow, Tverskoy District Court of Moscow, Moscow City Court More than   1 year(s) and 5 month(s) and 18 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint Art. 5 (4) - excessive length of judicial review of detention - 1) the complaint against the detention order of 11/08/2021 was examined on 13/09/2021 by Moscow City Court. 2) the complaint against the detention order of 13/09/2021 was examined on 13/10/2021 by Moscow City Court. 3) the complaint against the detention order of 11/11/2021 was examined on 28/02/2022 by Moscow City Court,   Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention.       4940/22* 18/12/2021 Yuriy Mikhaylovich KHOVANSKIY 1990 Aleksandr Dmitriyevich Peredruk St Petersburg 08/06/2021 to 29/12/2021 Dzerzhinskiy District Court of St Petersburg, Kuybyshevskiy District Court of St Petersburg, St Petersburg City Court 6 month(s) and 22 day(s)   use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint Art. 5 (4) - excessive length of judicial review of detention - Detention orders issued by the Dzerzhinskiy District Court of St Petersburg on 10/06/2021, by the Kuybyshevskiy District Court of St Petersburg on 06/08/2021, 07/09/2021, 06/10/2021, 03/11/2021 were reviewed by the St Petersburg City Court, respectively, on 14/07/2021 (appeal lodged on 22/06/2021, 22 days); 08/09/2021 (appeal lodged on 09/08/2021, 30 days); 13/10/2021 (appeal lodged on 08/09/2021, 35 days); 10/11/2021 (appeal lodged on 11/10/2021, 30 days); 22/12/2021 (appeal lodged on 09/11/2021, 42 days).   6118/22* 27/12/2021 Yevgeniy Sergeyevich KOZACHENKO 1979     14/06/2020 pending Primorskiy District Court of Saint Petersburg; Kuybyshevskiy District Court of Saint Petersburg; Saint Petersburg City Court; Second Appellate Court More than   2 year(s) and 5 month(s) and 23 day(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint Art. 5 (4) - excessive length of judicial review of detention - Detention extension order of 11/10/2021, St Petersburg City Court, appeal lodged on 14/10/2021, appeal hearing on 17/11/2021, Second Appellate Court.   6490/22* 20/12/2021 Sergey Valeryevich AGAPOV 1983     17/02/2021 pending Kuybyshevskiy District Court of St Petersburg, St Petersburg City Court More than   1 year(s) and 9 month(s) and 20 day(s)   failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts Art. 5 (4) - excessive length of judicial review of detention - detention orders of 14/04/2021 and 15/07/2021 by the Kuybyshevskiy District Court of St Petersburg, upheld on appeal by the St Petersburg City Court on 21/07/2021 and 06/10/2021 respectively,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Detention in a metal cage during the trial court hearings. The criminal proceedings are pending since 16/02/2021.           6751/22 27/01/2022 Sergey Yevgenyevich MESHALKIN 1989     30/05/2019 pending Tverskoy District Court of Moscow, Moscow City Court, 1-st Court of Appeal, Kuntsevskiy District Court of Moscow More than   3 year(s) and 6 month(s) and 7 day(s)   failure to conduct the proceedings with due diligence during the period of detention; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice, as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial Art. 3 - use of metal cages and/or other security arrangements in courtrooms - hearings in the Kuntsevskiy District Court of Moscow on 20/10/2021, 17/05/2022, 30/05/2022, 15/07/2022 and in the Moscow City Court on 10/08/2021 and 14/12/2021;   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;   Art. 5 (4) - excessive length of judicial review of detention - The applicant’s appeals against the detention orders issued by the Kuntsevskiy District Court of Moscow on 15/06/2021, 20/10/2021, 21/03/2022 and 30/05/2022 were examined by the Moscow City Court on 10/08/2021,14/12/2021, 17/05/2022 and 15/07/2022, respectively.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 2 mars 2022
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-223747
Données disponibles
- Texte intégral
- Résumé officiel