CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 juin 2023
- ECLI
- ECLI:CEDH:001-225615
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- 1 juin 2023
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- 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 } .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 26 June 2023   FOURTH SECTION Application no.   19134/22 Andrey Andreyevich NAUMENKO against Russia and 31 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     19134/22 17/03/2022 Andrey Andreyevich NAUMENKO 1981 Sergey Anatolyevich Mazurov Zheleznogorsk 20/12/2020 to 08/02/2022 Zheleznogorsk Town Court of the Kursk Region, Kursk Regional Court 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 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 - placement in a metal cage during the hearings on his pre-trial detention between 23/12/2020 and 07/10/2021     19225/22* 17/03/2022 Gadzhiverdi Nazim Olgy GABIBOV 1969 Marina Aleksandrovna Lening Yurga 03/12/2014 to 03/04/2019   29/10/2020 - pending on the date when the application was lodged with the Court Tsentralnyy District Court of Kemerovo, Yurga Town Court of the Kemerovo Region, Kemerovo Regional Court, Eighth Cassation Court fragility of the reasons employed by the courts; 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; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; 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 - Yurga Town Court of the Kemerovo Region, 21/10/2021, Kemerovo Regional Court, 01/12/2021, 1 month and 10 days; Yurga Town Court of the Kemerovo Region 22/12/2021, Kemerovo Regional Court, 03/02/2022, 1 month and 12 days       19628/22 06/03/2022 Boris Borisovich NIKITIN 1951 Tatyana Viktorovna Sukhareva Moscow 22/07/2020 - pending on the date when the application was lodged with the Court Sovetskiy District Court of Rostov-on-Don, Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Third Appellate Court, Kirovskiy District Court of Rostov-on-Don 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed       20044/22* 06/04/2022 Oksana Vasilyevna DUDKINA 1985     01/12/2020 - pending on the date when the application was lodged with the Court Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Third 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 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 - Applicant’s placement in a metal cage during the hearings in the Leninskiy District Court of Rostov-on-Don and the Rostov Regional Court since 01/11/2021 - pending on the date when the application was lodged with the Court     21493/22* 21/03/2022 Ilnaz Fanisovich MUKHAMETOV 1993     29/10/2018 to 11/10/2021 Naberezhnyye Chelny Town Court of Tatarstan, Military Appellate Court collective detention orders; failure to examine the possibility of applying other measures of restraint; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial Art. 3 - inadequate conditions of detention during transport - van, 09/03/2021 - 03/12/2021, 0.25-0.33   sq. m. of personal space, applicant transported on numerous occasions, duration of transport of 4-6   hours on each occasion, overcrowding, lack of fresh air, passive smoking, lack or inadequate furniture, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet     21513/22* 13/04/2022 Sergey Anatolyevich KIRICHENKO 1975 Aleksandr Vladimirovich Kiryanov Taganrog 22/11/2021- pending on the date when the application was lodged with the Court Dorogomilovskiy District Court of Moscow, Moscow City 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 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unrecorded detention between 22/11/2021 and 23/11/2021   Art. 5 (4) - excessive length of judicial review of detention - Dorogomilovskiy District Court of Moscow, 24/11/2021, appeal lodged on 25/11/2021, Moscow City Court, 20/01/2022,   1 month and 25   days; Dorogomilovskiy District Court of Moscow, 15/12/2021, appeal lodged on 17/12/2021, Moscow City Court, 25/01/2022, 1   month and 8 days; Dorogomilovskiy District Court of Moscow, 26/01/2022, appeal lodged on 29/01/2022, Moscow City Court, 03/03/2022, 1   month and 3 days     22343/22* 23/03/2022 Aleksey Dmitriyevich MAKUNIN 1998 Alla Igorevna Dunayeva Chelyabinsk 30/04/2021 - pending on the date when the application was lodged with the Court Tsentralnyy District Court of Chelyabinsk; Chelyabinsk Regional Court; Sosnovskiy District Court of the Chelyabinsk Region 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; collective detention orders Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage between 02/05/2021 and 07/02/2022, Tsentralnyy District Court of Chelyabinsk (in person) and Chelyabinsk Regional Court through video-link at SIZO-1, Chelyabinsk Region   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 - Tsentralnyy District Court of Chelyabinsk, 04/09/2021, Chelyabinsk Regional Court, 04/10/2021, 30 days; Tsentralnyy District Court of Chelyabinsk, 07/12/2021, Chelyabinsk Regional Court, 19/01/2022, 1 month and 12 days; Tsentralnyy District Court of Chelyabinsk, 13/01/2022, Chelyabinsk Regional Court, 09/02/2022, 27 days     22346/22* 21/03/2022 Ruslan Fanisovich NURTDINOV 1988     29/10/2018 to 11/10/2021 Naberezhnyye Chelny Town Court of the Tatarstan Republic, Tsentralnyy Circuit Military Court, Appellate Military Court, Fourth Appellate Court, Supreme Court of the Tatarstan Republic 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 Art. 3 - inadequate conditions of detention during transport - van, transit cell, train; 09/03/2021 - 03/12/2021; personal space: 0.25, 0.33, 0.9; overcrowding, lack of fresh air, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, passive smoking   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport     23043/22* 12/04/2022 Ruslan Yuryevich YAKOVENKO 1979     16/04/2020 - pending on the date when the application was lodged with the Court Tsentralnyy District Court of Kaliningrad, Zelenogradskiy District Court of the Kaliningrad Region, Kaliningrad Regional Court, First 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 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 - use of metal cage in Tsentralnyy District Court of Kaliningrad, Moskovskiy District Court of Kaliningrad, Leningradskiy District Court of Kaliningrad, Zelenogradskiy District Court of Kaliningrad Region, Primorskiy District Court of St Petersburg (video link from SIZO-3 Kaliningrad Region), Kaliningrad Regional Court (including video link from SIZO-3 Kaliningrad Region), First Appeal Court (video link from SIZO-3 Kaliningrad Region; 16/04/2020-pending on the date when the application was lodged with the Court   Art. 5 (4) - excessive length of judicial review of detention - Kaliningrad Regional Court, 08/10/2021, First Appellate Court, 02/11/2021, 25 days; Kaliningrad Regional Court, 01/11/2021, First Appellate Court, 02/12/2021, 1 month and 1 day   23588/22 21/03/2022 Andrey Fedorovich MAYER 1978 Vladimir Yevgenyevich Chesnokov Rostov-on-Don 25/12/2020 - pending on the date when the application was lodged with the Court Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Third Appellate Court 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; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial         24950/22* 24/04/2022 Nikita Romanovich KRESHCHUK 1998 Oksana Gennadyevna Olgerdt Moscow 16/09/2021 - pending on the date when the application was lodged with the Court Basmannyy District Court of Moscow, Moscow City 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 and repetitiveness of the reasoning employed by the courts as the case progressed     25177/22* 19/03/2022 Vladislav Robertovich AN 1980     06/10/2021 - pending on the date when the application was lodged with the Court Kondopoga Town Court of Karelia, Supreme Court of Karelia 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     25370/22 25/04/2022 Oleg Nikolayevich SEREBRENNIKOV 1968 Leonid Alekseyevich Solovyev Moscow 14/07/2020 - pending on the date when the application was lodged with the Court Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court collective detention orders; 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 examine the possibility of applying other measures of restraint; fragility and repetitiveness of the reasoning employed by the courts as the case progressed     25520/22 06/05/2022 Vyacheslav Nikolayevich VISHNEVSKIY 1977 Kirill Zharinov Moscow 24/03/2020 - pending on the date when the application was lodged with the Court Tsentralnyy District Court of Kemerovo, Kemerovo Regional Court fragility and repetitiveness of the reasoning employed by the courts as the case progressed; 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 Art. 5 (4) - excessive length of judicial review of detention - Tsentralnyy District Court of Kemerovo, 16/12/2021, appeal lodged on 19/12/2021, Kemerovo Regional Court 14/01/2022, 26 days; Tsentralnyy District Court of Kemerovo, 22/03/2022, appeal lodged on 24/03/2022, Kemerovo Regional Court 14/04/2022, 21 days     25933/22* 18/04/2022 Svetlana Sergeyevna SUS 1996     14/05/2020 to 28/02/2022 Sovetskiy District Court of Kazan, Supreme Court of Tatarstan 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             25953/22* 22/04/2022 Umarali Rakhmatulloyevich TASHRIPOV 1999 Natalya Valeryevna Pavlova Zelenogorsk 09/01/2020 - pending on the date when the application was lodged with the Court Sovetskiy District 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; failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial Art. 5 (4) - excessive length of judicial review of detention - Sovetskiy District Court of Krasnoyarsk, 15/10/2021, appeal lodged on 20/10/2021, Krasnoyarsk Regional Court, 23/11/2021, 1 month and 4 days; Sovetskiy District Court of Krasnoyarsk, 10/11/2021, Krasnoyarsk Regional Court 28/12/2021, 1 month and 17 days;   Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 §§ 3 and 4 of the Convention   26010/22* 29/04/2022 Yevgeniy Aleksandrovich GORBACHEV 1987 Timur Ravilevich Sabitov Moscow 26/10/2021 - pending on the date when the application was lodged with the Court Gagarinskiy District Court of Moscow, Moscow City 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 fragility and repetitiveness of the reasoning employed by the courts as the case progressed     26625/22 07/05/2022 Ruslan Shavkatovich SHAMSUNOV 1986     18/10/2020 pending on the date when the application was lodged with the Court Nizhnekamsk Town Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic 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     26913/22* 18/05/2022 Viktor Nikolayevich ZUBAREV 1968 Vyacheslav Vasilyevich Savin Stavropol 21/10/2021 - pending on the date when the application was lodged with the Court Leninskiy District Court of Stavropol, Stavropol 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 Art. 5 (4) - excessive length of judicial review of detention - Leninsky District Court of Stavropol, 22/10/2021, appeal lodged on 25/10/2021, Stavropol Regional Court, 18/11/2021, 24 days;   Leninsky District Court of Stavropol, 15/12/2021, appeal lodged on 17/12/2021, Stavropol Regional Court, 13/01/2022, 27 days   27269/22* 24/04/2022 Nikolay Vladimirovich PITERKIN 1981     27/05/2020 - pending on the date when the application was lodged with the Court Smolninskiy District Court of St Petersburg; St Petersburg City Court 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; 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; failure to examine the possibility of applying other measures of restraint Art. 5 (4) - excessive length of judicial review of detention - Smolninskiy District Court, 27/10/2021, appeal lodged on 01/11/2021, St Petersburg City Court, 08/12/2021, 1 month and 6 days   29833/22* 14/05/2022 Leonid Aleksandrovich MELIKHOV 1982 Roman Dmitriyevich Pavlov Moscow 04/08/2021 - pending on the date when the application was lodged with the Court Odintsovskiy Town Court of Moscow Region, Moscow City Court 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 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention   31646/22 01/06/2022 Eldar Ali Ogly ALIYEV 1968     27/03/2021 - pending on the date when the application was lodged with the Court Zheleznodorozhnyy District Court of Krasnoyarsk, 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; 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 - Zhelezhnodorozhnyy District Court of Krasnoyarsk between 28/03/2022 and 23/08/2022,   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings   39615/22* 25/07/2022 Maksim Viktorovich RUSAKOV 1977 Yuliya Yevgenyevna Fedotova Yekaterinburg 26/03/2019 - pending on the date when the application was lodged with the Court Basmanny District Court of Moscow, Preobrazhenskiy District Court of Moscow, Moscow City Court, First 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 conduct the proceedings with due diligence during the period of detention; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; 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 - Gagarinskiy District Court of Moscow 22/02/2022, Moscow City Court 13/04/2022, 1 month and 19 days     45441/22 19/08/2022 Arsen Garikovich NERSISYAN 1988 Artem Yuryevich Toropov Moscow 19/01/2022 to 09/08/2022 Chertanovskiy District Court of Moscow, Moscow City 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; 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 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention   46905/22* 05/09/2022 Andrey Aleksandrovich DENISOV 1985 Alla Igorevna Dunayeva Chelyabinsk 12/05/2021 - pending on the date when the application was lodged with the Court Tsentralnyy District Court of Chelyabinsk, Kurchatovskiy District Court of Chelyabinsk, Chelyabinsk Regional Court 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 Art. 3 - use of metal cages and/or other security arrangements in courtrooms - multiple instances of placement in a metal cage between 13/05/2021 and 22/07/2022, Tsentralnyy District Court of Chelyabinsk, Kurchatovskiy District Court of Chelyabinsk, Chelyabinsk Regional Court,     Art. 5 (4) - lack of speediness in review of detention orders - Kurchatovskiy District Court of Chelyabinsk, 22/04/2022 - still pending on the date when the application was lodged with the Court; Kurchatovskiy District Court of Chelyabinsk, 22/07/2022 - still pending on the date when the application was lodged with the Court, Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings   48448/22* 04/10/2022 Vitaliy Vitalyevich KOLTSOV 1976 Andrey Vasilyevich Sabinin Stavropol 03/05/2022 - pending on the date when the application was lodged with the Court Khamovnicheskiy District Court of Moscow; Moscow City 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed     49431/22* 15/09/2022 Maksim Anatolyevich LAVRENTYEV 1981     07/08/2020 - pending on the date when the application was lodged with the Court Central District Court of Kemerovo; Kemerovo 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; collective detention orders     50094/22 29/09/2022 Aleksey Igorevich KURINOV 1986 Denis Aleksandrovich Timchenko Moscow 28/01/2021 - pending on the date when the application was lodged with the Court Basmannyy District Court of Moscow, Moscow City Court fragility of the reasons employed by the courts; 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 assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding     50247/22* 08/10/2022 Olga Borisovna SMIRNOVA 1968 Mariya Sergeyevna Zyryanova St Petersburg 05/05/2022 - pending on the date when the application was lodged with the Court Kirovskiy District Court of Saint-Petersburg, St-Petersburg City 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 of applying other measures of restraint Art. 10 (1) - various restrictions on the right to freedom of expression - Between February and March 2022 the applicant published several posts against the war in Ukraine in Vkontakte social network. On 05/05/2022 the applicant was charged with a criminal offence of discrediting the Russian army (Art. 207.3 of the Criminal Code). Proceedings pending on the date when the application was lodged with the Court   128/23* 20/11/2022 Maksim Dmitriyevich AN 1975 Yuliya Yevgenyevna Fedotova St Petersburg 17/11/2020 - pending on the date when the application was lodged with the Court Basmannyy District Court of Moscow, Moscow City Court, First Appellate 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed Art. 5 (4) - excessive length of judicial review of detention - Moscow City Court, 12/08/2022, appeal lodged on 15/08/2022, First Appellate Court, 13/09/2022, 29 days     4812/23* 15/01/2023 Aleksey Sergeyevich YANOCHKIN 1979 Veronika Valeryevna Polyakova Moscow 16/09/2021 - pending on the date when the application was lodged with the Court Zheleznodorozhnyy District Court of Krasnoyarsk, Basmannyy District Court of Moscow, Moscow City Court, First Appellate 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; 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     6773/23 26/01/2023 Valeriy Nikolayevich GOLUBKIN 1952 Mariya Olegovna Eysmont Moscow 12/04/2021 - pending on the date when the application was lodged with the Court Lefortovo District Court of Moscow, Moscow City Court, First 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 of applying other measures of restraint; fragility and repetitiveness of the reasoning employed by the courts as the case progressed    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 1 juin 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-225615
Données disponibles
- Texte intégral
- Résumé officiel