CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 juin 2023
- ECLI
- ECLI:CEDH:001-225614
- Date
- 1 juin 2023
- Publication
- 1 juin 2023
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 } .s16FF86CF { height:101pt } .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 26 June 2023   FOURTH SECTION Application no.   3018/22 Aleksandr Viktorovich GRINEV against Russia and 19 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 1 June 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 complaints raised under Article 5   §   3 of the Convention relating to excessive length of pre-trial detention which are the 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 Specific defects Other complaints under well-established case-law     3018/22* 27/12/2021 Aleksandr Viktorovich GRINEV 1968 Natalya Aleksandrovna Nechiporenko Moscow 21/07/2021 - pending on the date when the application was lodged with the Court Leninskiy District Court of Stavropol, Stavropol Regional Court 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; 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 Art. 5 (4) - excessive length of judicial review of detention - Leninskiy District Court of Stavropol, 15/09/2021, appeal lodged on 15/09/2021, Stavropol Regional Court, 15/10/2021,   30 days.     3930/22 20/12/2021 Ayrat Maskhutovich FAYZULLIN 1989     24/01/2019 - pending on the date when the application was lodged with the Court Vakhitovskiy District Court of Kazan, Privolzhskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group       6734/22* 30/12/2021 Boris Nikolayevich YEVSTRATYEV 1965 Valeriy Vladimirovich Shukhardin Moscow 30/06/2021 - pending on the date when the application was lodged with the Court Supreme Court, Chelyabinsk Regional Court, Second Appeal Court 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       8010/22 21/01/2022 Dmitriy Aleksandrovich DRYAGIN 1986 Aleksey Valeryevich Ivanov Krasnodar 17/06/2021 - pending on the date when the application was lodged with the Court Leninskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Krasnodar Regional Court 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 assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding       9481/22* 02/02/2022 Svetlana Aleksandrovna PODSTAVKINA 1973 Natalya Aleksandrovna Nechiporenko Moscow 07/09/2021 - pending on the date when the application was lodged with the Court Leninskiy District Court of Stavropol, Stavropol Regional Court failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility and repetitiveness of the reasoning employed by the courts as the case progressed Art. 5 (4) - excessive length of judicial review of detention - Leninskiy District Court of Stavropol, 09/09/2021, appeal lodged on 13/09/2021, Stavropol Regional Court, 18/10/2021, 1 month and 5 days;   Leninskiy District Court of Stavropol, 29/10/2021, appeal lodged on 29/10/2021, Stavropol Regional Court, 23/11/2021, 25 days,   Art. 8 (1) - unlawful search - Search under the Code of Criminal Procedure in the applicant’s home authorised on 20/07/2021 by Investigator of Stavropol Region conducted on 20/07/2021. The lawfulness of urgent search was confirmed by the domestic courts. Final - Stavropol Regional Court, 19/10/2021. No adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police’s discretion), no adequate and sufficient safeguards against abuse: lawyer not allowed to assist the applicant during the search, no relevant or sufficient reasons to justify the search: applicant not a suspect.     11131/22 08/02/2022 Vladimir Olegovich VEDERNIKOV 1963 Ivan Aleksandrovich Khoroshev Krasnoyarsk 22/09/2020 - pending on the date when the application was lodged with the Court Tsentralnyy District Court of Novosibirsk; Novosibirsk Regional Court 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, as the case progressed, of applying other measures to secure attendance at the trial; fragility and repetitiveness of the reasoning employed by the courts as the case progressed       11363/22* 03/02/2022 Apti Uvaysovich VISAYEV 1985 Yekaterina Borisovna Belova Moscow 22/04/2021 - pending on the date when the application was lodged with the Court Norilsk Town Court of the Krasnoyarsk Region, Krasnoyarsk Regional Court, Tsentralnyy District Court of Krasnoyarsk, First Eastern Circuit Military Court, Military Appellate Court 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 Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant’s placement in a metal cage during the hearings in the Tsentralnyy District Court of Krasnoyarsk and in the Krasnoyarsk Regional Court (video link from SIZO-1 Krasnoyarsk) between 24/04/2021 and 11/01/2022,   Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - SIZO-1 Krasnoyarsk Region, refusal of short-term family visits, the applicant’s wife requested short-term family visits on 09/03/2022, 10/03/2022, 23/03/2022, 28/04/2022 and 10/05/2022 to no avail.     11805/22* 11/02/2022 Georgiy Stanislavovich SVETLITSKIY 1998 Pavel Arkadyevich Abramov Rostov-on-Don 06/08/2021 - pending on the date when the application was lodged with the Court Leninskiy District Court of Rostov-on-Don, Rostov Regional Court 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 of the reasons employed by the courts fragility and repetitiveness of the reasoning employed by the courts as the case progressed       11877/22 02/02/2022 Denis Nikolayevich KOVALEVICH 1998 Mark Vladimirovich Dobryanskiy Perm 29/01/2021 - pending on the date when the application was lodged with the Court Dzerzhinskiy District Court of Perm, Sverdlovskiy District Court of Perm, Perm Regional Court collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility and repetitiveness of the reasoning employed by the courts as the case progressed     12636/22* 16/02/2022 Aleksandr Vadimovich BONDARENKO 1997     09/11/2020 - pending on the date when the application was lodged with the Court Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court 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 - Supreme Court of the Tatarstan Republic, 29/12/2021, Fourth Appellate Court, 26/01/2022, 28 days.   14146/22 14/02/2022 Valeriy Ivanovich MATSIYENKO 1969 Inessa Vadimovna Svechnikova Moscow 14/02/2020 - pending on the date when the application was lodged with the Court Zheleznogorsk Town Court of Krasnoyarsk Region; Krasnoyarsk Regional Court 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, as the case progressed, of applying other measures to secure attendance at the trial; failure to examine the possibility of applying other measures of restraint, collective detention orders     14291/22 17/02/2022 Vadim Vyacheslavovich REDKIN 1958 Ivan Aleksandrovich Khoroshev Krasnoyarsk 22/09/2020 - pending on the date when the application was lodged with the Court Tsentralnyy District Court of Novosibirsk; Novosibirsk Regional Court; Fifth Appellate Court 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, as the case progressed, of applying other measures to secure attendance at the trial; fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility of applying other measures of restraint     14647/22 22/02/2022 Aleksey Aleksandrovich SHAMARDIN 1978 Aleksandr Dmitriyevich Peredruk St Petersburg 31/08/2021 - pending on the date when the application was lodged with the Court Pervomayskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Timashevskiy District Court of Krasnodar, Krasnodar Regional Court 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 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 - Pervomayskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Timashevskiy District Court of Krasnodar, Krasnodar Regional Court, 02/09/2021 - pending on the date when the application was lodged with the Court.   14726/22 27/02/2022 Anzor Akhmedovich DOGUSHEV 1978 Kseniya Yevgenyevna Bezrukova Moscow 09/07/2015 - pending on the date when the application was lodged with the Court Babushkinskiy District Court of Moscow, Moscow Regional Court, First Appellate Court 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; 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 Art. 5 (4) - excessive length of judicial review of detention - Moscow Regional Court, 24/06/2021, appeal lodged on 28/06/2021, First Appellate Court, 01/09/2021, 2 months and 4 days.   14733/22 21/02/2022 Yevgeniy Vladimirovich NAGORNYY 1981 Yevgeniya Mikhaylovna Zyuzina Voronezh 20/01/2021 to 04/01/2022 Kominternovskiy District Court of Voronezh, Voronezh Regional Court 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 - Kominternovskiy District Court of Voronezh, 01/09/2021, Voronezh Regional Court, 15/12/2021, 3 months and 14 days,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh, Voronezh Regional Court, between 07/09/2016 -17/12/2021, during hearings on extension of pre-trial detention,   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   16405/22* 05/03/2022 Ramaz Gurbanovich MUSAYEV 1984     26/07/2020 - pending on the date when the application was lodged with the Court Yuzhno-Sakhalinsk Town Court of the Sakhalin Region, Sakhalin Regional Court failure to conduct the proceedings with due diligence during the period of detention; 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     17240/22* 07/04/2022 Cheslav Cheslavich POPOV 1982     05/05/2017 to 09/12/2021 Zheleznogorsk Town Court of the Kranoyarsk Region, Leninskiy Distrcit Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Appellate Court 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 conduct the proceedings with due diligence during the period of detention, collective detention orders Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 §§ 3 and 4 of the Convention.   18025/22* 12/03/2022 Beslan Usamovich ASAKAYEV 1971 Olga Viktorovna Golub Suzemka 09/07/2015 - pending on the date when the application was lodged with the Court Babushkinskiy District Court of Moscow, Moscow City Court, Moscow Regional Court, First Appellate Court collective detention orders; 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - Moscow Regional Court, 16/12/2021, First Appellate Court, 24/01/2022, 1 month and 8 days.   18266/22 12/03/2022 Sergey Vladimirovich KSENOFONTOV 1979 Maksim Gennadyevich Salkov Voronezh 05/09/2016 - pending on the date when the application was lodged with the Court Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh, Voronezh Regional Court 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kominternovskiy District Court of Voronezh, 09/04/2019 - pending on the date when the application was lodged with the Court.   19133/22* 13/03/2022 Sergey Aleksandrovich NEKRASOV 1986 Aliya Ibragimovna Antonova Yurga 03/12/2014 - pending on the date when the application was lodged with the Court Tsentralnyy District Court of Kemerovo, Kemerovo Regional Court, Yurga Town Court of Kemerovo fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; 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 Art. 5 (4) - excessive length of judicial review of detention - Yurga Town Court of the Kemerovo Region, 21/10/2021, Kemerovo Regional Court, 01/12/2021, 1 month and 10 days.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 1 juin 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-225614
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- Texte intégral
- Résumé officiel