CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 octobre 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 } .sDF50AF3C { margin-top:12pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:1pt } Published on 30 October 2023   FIRST SECTION Application no.   51551/18 Ruslan Vakilevich FATTAKHOV against Russia and 15 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 5 October 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 Length of detention Specific defects Other complaints under well-established case ‑ law     51551/18* 20/10/2018 Ruslan Vakilevich FATTAKHOV 1980     04/02/2015 to 30/07/2018 Kirovskiy District Court of Ufa, Supreme Court of the Bashkortostan Republic, Privolzhskiy Circuit Military Court 3 year(s) and 5 month(s) and 27 day(s)   failure to conduct the proceedings diligently leading to excessive length of detention on remand; collective detention orders Art. 3 - inadequate conditions of detention during transport - 06/02/2015 - 30/07/2018; van, holding cells at the detention facility and the courthouse; the applicant transported on numerous occasions, transport between the detention facility and the courthouse pending criminal proceedings, overcrowding; space <0.3 sq. m.     4701/19* 09/01/2019 Yuliya Yuryevna MASLOVA 1975     19/06/2018 to 18/09/2018 Oktyabrskiy District Court of Irkutsk, Irkutsk Regional Court 3 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 Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Oktyabrskiy District Court of Irkutsk, 01-03/08/2018,   Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention     12275/19 14/02/2019 Konstantin Valentinovich REMIZOV 1979 Boris Aleksandrovich Fedosimov Moscow 17/09/2018 pending on the date when the application was lodged with the Court Taganskiy District Court of Moscow, Moscow City Court More than 4 year(s) 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; collective detention orders       43804/21* 31/08/2021 Dmitriy Aleksandrovich PIPKO 1986 Artem Aleksandrovich Krylov Moscow 20/04/2021 pending on the date when the application was lodged with the Court 235 Garrison Military Court, 2nd Western Circuit Military Court More than 1 year(s) 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       49125/21 04/10/2021 Ilya Naumovich GAVRILOV 1970 Yekaterina Borisovna Belova Moscow 07/02/2020 pending on the date when the application was lodged with the Court Tverskoy District Court of Moscow, Moscow City Court, First Appellate Court More than 2 year(s) fragility and repetitiveness of the reasoning employed by the courts as the case progressed       51526/21* 12/10/2021 Aleksandr Arturovich BEKHER 1975 Yekaterina Tarasova Moscow 22/10/2020 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 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       52461/21* 11/08/2021 Anatoliy Viktorovich SKORNYAKOV 1988     16/02/2018 pending on the date when the application was lodged with the Court Dzerzhinskiy District Court of St Petersburg, St Petersburg City Court More than 4 year(s) collective detention orders; fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to conduct the proceedings diligently leading to excessive length of detention on remand Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Dzerzhinskiy District Court of St Petersburg, St Petersburg City Court, 17/02/2018 - 14/07/2021,   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 - Dzerzhinskiy District Court of St   Petersburg, 29/04/2021, St Petersburg City Court, 24/06/2021, 1 month and 25 days     53/22* 06/12/2021 Denis Aleksandrovich SHIRYAYEV 1979 Yevgeniya Igorevna Stepanova Moscow 17/02/2021 pending on the date when the application was lodged with the Court Leninskiy District Court of Rostov-on-Don, Rostov Regional 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; collective detention orders; 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, 15/07/2021, appeal lodged on 26/07/2021, Moscow City Court, 25/08/2021, 30 days     950/22* 04/12/2021 Zhasulan Zhetkenovich TULEPBEKOV 1969 Pavel Nikolayevich Zubitskiy Moscow 17/02/2021 pending on the date when the application was lodged with the Court Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Tverskoy District Court of Moscow, Moscow Regional Court More than 1 year(s) 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 Art. 5 (4) - excessive length of judicial review of detention - Tverskoy District Court of Moscow, 15/07/2021, appeal lodged on 18/07/2021, Moscow City Court, 25/08/2021,   1 month and 7 days   1441/22 17/12/2021 Oleg Olegovich STEPANOV 1992 Andrey Vasilyevich Sabinin Stavropol 28/01/2021 to 20/08/2021 Basmanny District Court of Moscow, Preobrazhenskiy District Court of Moscow, Moscow City Court 6 month(s) and 24 day(s)   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     2225/22* 23/12/2021 Soltan Mazhitovich KURDANOV 1959 Irina Vladimirovna Khrunova Kazan 10/03/2020 pending on the date when the application was lodged with the Court Pyatigorsk Town Court of the Stavropol Region, Stavropol Regional Court, Third Appellate Court More than 2 year(s) 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 - Stavropol Regional Court, 08/07/2021, appeal lodged on 12/07/2021, Third Appellate Court, 29/07/2021, 17 days;   Stavropol Regional Court. 06/10/2021, appeal lodged on 11/10/2021, Third Appellate Court, 11/11/2021, 1 month and 1 day   25922/22 19/05/2022 Sergey Vladimirovich KUZMENKO 1972 Yelena Nikolayevna Yarlykova Moscow 02/04/2021 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 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     26449/22 16/05/2022 Vladimir Ivanovich SMIRNOV 1974     29/07/2019 pending on the date when the application was lodged with the Court Vyborskiy District Court of St Petersburg, St   Petersburg City Court, Second Appellate Court More than 3 year(s)   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     29892/22* 13/05/2022 Vladimir Aleksandrovich TOKAREV 1977 Aleksandr Fedorovich Borzov Moscow 19/01/2022 pending on the date when the application was lodged with the Court Khoroshevskiy 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 Art. 8 (1) - restrictions on family visits in pre-trial facilities - SIZO-4 Moscow, refusal of short-term visits   33428/22 21/06/2022 Boris Vladimirovich SHCHUROV 1974 Ayur Aleksandrovich Dorzhiyev Moscow 29/10/2020 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) and 9 month(s) and 26 day(s)   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     46491/22* 31/08/2022 Vyacheslav Vladimirovich DOLGANOV 1985     19/05/2022 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) 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; collective detention orders Art. 5 (4) - excessive length of judicial review of detention - Tverskoy District Court of Moscow, 20/05/2022, Moscow City Court, 01/07/2022, 1 month and 11 days; Tverskoy District Court of Moscow, 18/07/2022, Moscow City Court, 15/08/2022, 28 days,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Tverskoy District Court of Moscow, Moscow City Court, 20/05/2022 - 15/08/2022