CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 mars 2023

.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 } .sFF0F7D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:4pt } Published on 27 March 2023   FOURTH SECTION Application no.   53209/17 Aleksandr Ilyich RADOSHEVICH against Russia and 22 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/house arrest Court which issued detention order/examined appeal Length of detention Specific defects Other complaints under well ‑ established case-law     53209/17* 11/07/2017 Aleksandr Ilyich RADOSHEVICH 1977     11/07/2016 pending Leninskiy District Court and Voroshilovskiy District Court of Rostov-on-Don More than 6 year(s) and 6 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 Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Leninskiy and Voroshilovskiy District Court, since 13/07/2016     58512/18 28/11/2018 Igor Nikolayevich BELOUSOV 1963 Ivan Nikolayevich Nazarov Rostov-on-Don 22/08/2017 to 22/05/2019 Tverskoy District Court of Moscow, Moscow City Court 1 year(s) and 9 month(s) and 1 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 (4) - excessive length of judicial review of detention - detention orders delivered on 04/05/2018, 16/08/2018, 19/11/2018 and 21/02/2019 were examined on appeal on 04/06/2018, 20/09/2018, 13/12/2018 and 16/04/2019, respectively     13179/21* 11/02/2021 Mikhail Borisovich MIKHALEV 1982     21/01/2020 to 24/06/2021 Tsentralnyy District Court of Chita, Zabaykalskiy Regional Court 1 year(s) and 5 month(s) and 4 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 use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice collective detention orders       17191/21* 10/03/2021 Dmitriy Aleksandrovich GOLTSEV 1981     21/02/2018 pending Leninskiy District Court of Stavropol, Nevinnomysskiy District Court of Stavropol, Stavropol Regional Court More than 4 year(s) and 10 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 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; collective detention orders.       19460/21 28/06/2021 Ivan Viktorovich VAYSBROT 1996     30/12/2019 to 28/12/2020 Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court 11 month(s) and 29 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 (5) - lack of, or inadequate compensation, for the violation of Article 5 §   3 of the Convention.     20633/21 31/03/2021 Garnik Robertovich SARKISYAN 1983     09/07/2015 pending Babushkinskiy District Court of Moscow, Moscow City Court, First Appellate Court More than 7 year(s) and 6 month(s) and 12 day(s) collective detention orders; as the case progressed: 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       22029/21 31/03/2021 Natalya Vasilyevna DONCHENKO 1979 Dmitriy Anatolyevich Donchenko Krasnooktyabrskaya 21/01/2019 to 26/12/2019     20/05/2020 to 14/10/2021 Belorechenskiy District Court of Krasnodar Region,   Krasnodar Regional Court 11 month(s) and 6 day(s)     1 year(s) and 4 month(s) and 25 day(s) fragility of the reasons employed by the courts collective detention orders, failure to examine the possibility of applying other measures of restraint       22043/21 05/04/2021 Khadzhi-Murat Yuryevich MERDENOV 1965 Vyacheslav Vasilyevich Savin Stavropol 13/08/2020 to 14/05/2021 Leninskiy District Court of Vladikavkaz, Supreme Court of Severnaya Ossetia-Alania Republic 9 month(s) and 2 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 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       25553/21 06/05/2021 Nataliya Igorevna KOZHANOVA 1955     03/06/2020 to 28/07/2021 Nizhegorodsky District Court of Nizhny Novgorod, Nizhny Novgorod Regional Court 1 year(s) and 1 month(s) and 26 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     25614/21* 23/04/2021 Andrey Sergeyevich LEVCHENKO 1982 Dmitriy Vladimirovich Agranovskiy Moscow 28/09/2020 pending Basmannyy District Court of Moscow, Moscow City Court More than 2 year(s) and 3 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 examine the possibility of applying other measures of restraint Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Basmannyy District Court of Moscow, 29/09/2020-18/02/2021   30157/21* 17/05/2021 Rinat Aleksandrovich FOREKS 1986 Andrey Yuryevich Kosolapov   10/06/2018 to 23/03/2020     13/11/2020 pending Pravoberezhniy District Court of Magnitogorsk,   Chelyabinsk Regional Court 1 year(s) and 9 month(s) and 14 day(s)   More than 2 year(s) and 2 month(s) and 5 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 Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - Pravoberezhnyy District Court of Magnitogorsk, detention order on 08/12/2020, Chelyabinsk Regional Court, appeal decision on 14/01/2021; Pravoberezhnyy District Court of Magnitogorsk, detention order on 10/02/2021, Chelyabinsk Regional Court, appeal decision on 03/03/2021.   32318/21* 05/06/2021 Marat Faritovich GANIYEV 1987     12/07/2019 to 03/02/2021   04/02/2021 pending Vakhitovsky District Court of Kazan More than 3 year(s) and 6 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; collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention – 1) detention order on 20/12/2020, Supreme Court of the Tatarstan Republic, appeal decision on 05/02/2021, Fourth Appellate Court;   2) detention order on 04/02/2021, Vakhitovskiy District Court of Kazan, appeal decision on 02/03/2021, Supreme Court of the Tatarstan Republic;   3) detention order on 01/04/2021, Vakhitovskiy District Court of Kazan, appeal decision on 23/04/2021, Supreme Court of the Tatarstan Republic;   4) detention order on 05/05/2021, Vakhitovskiy District Court of Kazan, appeal decision on 25/05/2021, Supreme Court of the Tatarstan Republic; 5) detention order on 01/07/2021, Vakhitovskiy District Court of Kazan, appeal decision on 30/07/2021, Supreme Court of the Tatarstan Republic;   6) detention order on 05/08/2021, Vakhitovskiy District Court of Kazan, appeal decision on 20/08/2021, Supreme Court of the Tatarstan Republic   32586/21* 22/06/2021 Nikolay Yevgenyevich YUKHNOV 1981 Yekaterina Aleksandrovna Vodyanik Rostov-on-Don 10/12/2020 to 09/06/2021 Azovsk Town Court, Rostov Regional Court 6 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; 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 - inadequate conditions of detention during transport - Between 10/12/2020 and 09/06/2021, transport on several occasions, by van 0.65 m x 0.5 m and height 1.55 - 1.7 m; no windows; the applicant’s weight 110 kg and height 1.96 m.   33069/21* 31/05/2021 Zabaydullo Abdulakhadovich ZOKIROV 1981     24/04/2020 pending Tsentralnyy District Court of Krasnoyarsk, Leninskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court More than 2 year(s) and 8 month(s) and 25 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     35106/21* 14/04/2021 Vsevolod Valeryevich KONDRATYEV 1974 Nikolay Nikolayevich Tyshchenko Barnaul 24/07/2020 pending Sovetskiy District Court of Novosibirsk, Novosibirsk Regional Court More than 2 year(s) and 5 month(s) and 25 day(s)   use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice     42144/21* 04/08/2021 Oleg Leonidovich VLASOV 1972 Valeriy Vladimirovich Shukhardin Moscow 06/05/2020 pending Tverskoy District Court of Moscow, Moscow City Court More than 2 year(s) and 8 month(s) and 12 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed     50229/21* 22/09/2021 Roman Eduardovich ARKHIPOV 1992 Mikhail Aleksandrovich Belyayev Moscow 25/02/2021 to 12/11/2021 Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court 8 month(s) and 19 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     51508/21* 05/08/2021 Dmitriy Sergeyevich SENKIN 1979     07/07/2020 pending Primorskiy District Court of St Petersburg, St Petersburg City Court More than 2 year(s) and 6 month(s) and 11 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 conduct the proceedings with due diligence during the period of detention Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Detention in a cage during detention hearings since 09/07/2020.   56837/21* 22/10/2021 Dmitriy Vladimirovich GLAZACHEV 1973 Stanislav Igorevich Zhuravlev Moscow 12/04/2018 pending Khamovnichesky District Court of Moscow, Basmannyy Court of Moscow, Moscow City Court More than 4 year(s) and 9 month(s) and 6 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 conduct the proceedings with due diligence during the period of detention     57991/21* 29/11/2021 Sergey Vladimirovich TSUNIN 1957     17/08/2021 pending Avtozavodsk District Court of Tolyatti, Samara Regional Court More than 1 year(s) and 5 month(s) and 3 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 – in the Samara Regional Court; 02/11/2021;   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.               61186/21* 23/11/2021 Mikhail Anatolyevich KORCHUGANOV 1986     13/03/2021 to 18/01/2022 Novo-Savinovskiy District Court of Kazan of the Republic of Tatarstan, Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court 10 month(s) and 6 day(s)   failure to examine the possibility of applying other measures of restraint; 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice     61737/21* 29/11/2021 Natalya Semenovna ASANOVICH 1979 Aleksey Vladimirovich Lykov Moscow 17/02/2021 pending Tverskoy District Court of Moscow, Moscow City Court More than 1 year(s) and 11 month(s) and 1 day(s)   fragility of the reasons employed by the courts; 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 Art. 5 (4) - excessive length of judicial review of detention – detention orders of the Tverskoy District Court of Moscow of 16/04/2021 and 15/07/2021, upheld on appeal by the Moscow City Court on 31/05/2021 and 25/08/2021, respectively.   3997/22* 17/12/2021 Aleksandr Anatolyevich VARFOLOMEYEV 1986     04/06/2018 pending Leninskiy District Court of Kirov, Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan, Fourth Appeal Court More than 4 year(s) and 7 month(s) and 14 day(s)   fragility and repetitiveness of the reasoning employed by the courts as the case progressed; persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial