CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 juin 2023
- ECLI
- ECLI:CEDH:001-225691
- Date
- 1 juin 2023
- Publication
- 1 juin 2023
droits fondamentauxCEDH
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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 Length of detention Specific defects Other complaints under well-established case-law     54727/14* 25/07/2014 Gleb Gennadyevich FETISOV 1966 Karinna Akopovna Moskalenko Strasbourg 28/02/2014 - 14/08/2015 Basmannyy District Court, Moscow City Court 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed Art. 5 (4) - excessive length of judicial review of detention - Basmannyy District Court, 16/02/2015, Moscow City Court, 23/03/2015, 1 month and 5 days; Moscow City Court, 24/02/2015, appeal lodged on 27/02/2015, Moscow City Court (Appeal Chamber), 14/04/2015, 1 month and 15   days; Moscow City Court, 14/05/2015, Moscow City Court (Appeal Chamber), 23/06/2015, 1 month and 9 days     24424/17* 17/03/2017 Aleksey Aleksandrovich ZELENSKIY 1981 Maksim Yuryevich Izhikov Paris 29/06/2015 - 11/07/2019 Basmannyy District Court of Moscow, Meshchanskiy District Court, Moscow City Court 4 year(s) and 16 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; economic crime; organised group Art. 5 (4) - excessive length of judicial review of detention – Meshchanskiy District Court, 04/12/2018, appeal lodged on 07/12/2018, Moscow City Court, 19/02/2019, 2 months and 13 days     75180/17 19/10/2017 Aleksandr Sergeyevich OSIPOV 1977 Yegor Leonidovych Boychenko Strasbourg 14/12/2016 - 22/11/2018 Basmannyy District Court of Moscow, Moscow City Court 1 year(s) and 11 month(s) and 9 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; economic crime       75539/17* 19/10/2017 Pavel Viktorovich TISHCHENKO 1973 Maksim Yuryevich Izhikov Paris 29/06/2015 - 11/07/2019 Basmannyy District Court of Moscow, Moscow City Court 4 year(s) and 13 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; economic crime; organised group Art. 5 (4) - excessive length of judicial review of detention – Basmannyy District Court, 26/05/2017, appeal lodged on 29/05/2017, Moscow City Court, 10/07/2017, 1 month and 11 days     1352/19 17/12/2018 Oleg Artushevich MKRTCHAN 1966 Igor Olegovich Popovskiy Moscow 05/02/2018 - pending on the date when the application was lodged with the Court Basmannyy District Court of Moscow, Moscow City Court More than 4   year(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 - Basmannyy District Court, 03/10/2018, appeal lodged on 09/10/2018, Moscow City Court, 02/11/2018, 24 days     12178/19 21/02/2019 Oleg Mikhaylovich PESHCHERIN 1978 Yevgeniy Valeryevich Neudachin Voronezh 19/07/2018 - pending on the date when the application was lodged with the Court Ostankinskiy District Court, Moscow City Court More than 4   year(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 assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; economic nature of crime       12381/19* 25/02/2019 Ruslan Gennadyevich OSHUROV 1976 Yevgeniy Georgiyevich Dluzhevskiy Petropavlovsk-Kamchatskiy 21/05/2018 - pending   on the date when the application was lodged with the Court Petropavlovsk-Kamchatsk Town Court, Kamchatka Regional Court More than 4   year(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       18081/19* 18/03/2019 Aleksandr Vitalyevich PIVOVAROV 1966 Maksim Yuryevich Izhikov Paris 29/06/2015 - 11/07/2019 Basmannyy District Court of Moscow, Meshchanskiy District Court, Moscow City Court 4 year(s) and 1 month(s) and 13 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; economic crime; organised group Art. 5 (4) - excessive length of judicial review of detention - Basmannyy District Court, 09/10/2018, appeal lodged on 11/10/2018, Moscow City Court, 01/11/2018, 21 days; Meshchanskiy District Court, 04/12/2018, appeal lodged on 06/12/2018, Moscow City Court, 19/02/2019, 2   months and 16   days     25382/19* 16/04/2019 Igor Aleksandrovich PRONIN 1978     26/10/2018 - pending on the date when the application was lodged with the Court Krasnogvardeyskiy District Court of St   Petersburg, St   Petersburg City Court More than 3   year(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 assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; economic nature of the crime Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Krasnogvardeyskiy District Court of St   Petersburg, 27/10/2018 and 13/11/2018,   Art. 3 - inadequate conditions of detention during transport - van, transit cell, 13/11/2018 and 15/02/2019, overcrowding, passive smoking, no allocated seat, 0.3, sq. m. of personal space   42413/19* 06/08/2019 Dmitriy Alekseyevich FROLOV 1969 Aleksey Yuryevich Akimov Moscow 24/04/2019 - pending on the date when the application was lodged with the Court Moscow Garrison Military Court, Second Western Circuit Military Court More than 3   year(s)   fragility of the reasons employed by the courts; fragility and repetitiveness of the reasoning employed by the courts as the case progressed; collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding Art. 3 - inadequate conditions of detention during transport - van, 11/06/2019 - pending on the date when the application was lodged with the Court, 0.4 sq. m. of personal space, overcrowding, inadequate temperature, lack of fresh air, poor quality of food,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Moscow Garrison Military Court, 24/06/2019   44365/19 12/08/2019 Maksim Sergeyevich VLADIMIROV 1978 Natalya Aleksandrovna Mitusova Khimki 14/02/2019 - pending on the date when the application was lodged with the Court Basmannyy District Court of Moscow, Moscow City Court More than 3   year(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;     47101/19 27/08/2019 Ivan Nikolayevich ZYUZIN 1983 Aleksey Sergeyevich Lezhnikov Moscow 14/02/2019 - pending   on the date when the application was lodged with the Court Basmannyy District Court of Moscow, Moscow City Court More than 3   year(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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; economic crime     50161/19* 31/08/2019 Philippe DELPAL 1972 Dmitriy Valeryevich Kharitonov Moscow 14/02/2019 - 15/08/2019 Basmannyy District Court of Moscow, Moscow City Court 7 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 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; economic crime     47521/21* 30/08/2021 Yelisey Aleksandrovich NIKITIN 1978 Viktor Viktorovich Balyshev Uvelskiy 29/07/2021 - pending on the date when the application was lodged with the Court Yuzhnouralsk Town Court of the Chelyabinsk Region, Chelyabinsk Regional Court More than 1   year(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     51105/21* 23/09/2021 Anatoliy Sergeyevich KOMOLOV 1992     21/07/2020 - pending   on the date when the application was lodged with the Court Vakhitovskiy District Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic More than 2   year(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 fragility and repetitiveness of the reasoning employed by the courts as the case progressed     57096/21* 29/10/2021 Alla Mikhaylovna GUTNIKOVA 1998   Memorial Human Rights Centre Moscow 14/04/2021 - pending   on the date when the application was lodged with the Court Basmannyy District Court of Moscow, Moscow City Court More than 1   year(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     57732/21 08/11/2021 Oleg Aleksandrovich DOMOROSHCHIN 1978     19/06/2020 - pending   on the date when the application was lodged with the Court Khamovnicheskiy Court of Moscow, Moscow City Court More than 2   year(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; 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 - Khamovnicheskiy Court of Moscow, Moscow City Court, 19/06/2020 - 16/06/2021   58028/21* 08/11/2021 Nikolay Vasilyevich KORNEYEV 1973 Denis Gennadiyevich Kostetskiy Moscow 17/03/2021 - pending on the date when the application was lodged with the Court Tverskoy District Court of Moscow, Moscow City Court More than 1   year(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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed Art. 5 (4) - excessive length of judicial review of detention - Tverskoy District Court of Moscow, 19/03/2021, appeal lodged on 25/03/2021, Moscow Regional Court, 12/05/2021, 1   month and 17   days; Tverskoy District Court of Moscow, 13/05/2021, appeal lodged on 14/05/2021, Moscow Regional Court, 07/07/2021, 1   month and 23   days   9271/22 21/01/2022 Kirill Viktorovich UKRAINTSEV 1990 Veronika Valeryevna Polyakova Moscow 27/04/2022 - pending on the date when the application was lodged with the Court Savelovskiy District Court of Moscow, Moscow City Court More than 1   year(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 - Savelovskiy District Court, 27/04/2022, appeal lodged on 29/04/2022, Moscow City Court, 23/05/2022, 24 days; Savelovskiy District Court, 23/06/2022, appeal lodged on 28/06/2022, Moscow City Court, 25/07/2022, 27 days; Savelovskiy District Court, 22/07/22, appeal lodged on 25/07/2022, Moscow City Court, 07/09/2022, 1 month and 13 days,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings which ended with the final judgment of the Moscow City Court on 21/07/2021,   Art. 6 (1) and Art. 6 (3) (d) – unfair administrative offence proceedings in view of the inability to cross-examine in open court the police officer on whose written statements the applicant’s conviction was based,   Art. 6 (1) - and Art. 6 (3) (c) – unfair administrative offence proceedings in view of the applicant’s absence from the hearings – the final decision by the Moscow City Court on 21/07/2021,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Protest of courier’s union in Moscow on 30/10/2020; final decision by the Moscow City Court on 21/07/2021 under article 20.2 § 2 of CAO and sentence to a fine of RUB   20,000   11465/22 29/01/2022 Aleksandr Gabriyelovich VINOKUROV 1990 Aleksandr Sergeyevich Zorin Moscow 24/11/2020 - pending   on the date when the application was lodged with the Court Tverskoy District Court of Moscow, Moscow City Court More than 1   year(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 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; collective detention orders     25387/22* 23/05/2022 Yuliya Vasilyevna LYGA 1986 Oksana Nikolayevna Trufanova Moscow 18/03/2022 - pending on the date when the application was lodged with the Court Presnenskiy District Court of Moscow; Moscow City Court More than several months   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     34749/22* 09/04/2022 Vladimir Aleksandrovich METELKIN 1994 Andrey Vasilyevich Sabinin Stavropol 14/04/2021 - pending   on the date when the application was lodged with the Court Justice of the Piece no. 208 of Dorogomilovo in Moscow, Basmannyy District Court of Moscow, Moscow City Court More than 1   year(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; 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 Art. 5 (4) - excessive length of judicial review of detention - Basmannyy District Court, 10/09/2021, appeal lodged on 13/09/2021, Moscow City Court, 11/10/2021, 28 days; Justice of the Piece no. 208 of Dorogomilovo in Moscow, 09/11/2021, appeal lodged on 09/12/2021, Dorogomilovskiy District Court of Moscow, 30 days    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 1 juin 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-225691
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- Texte intégral
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