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 } .s3A357E38 { text-align:center; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-size:8pt; list-style-position:inside } .s1DE04BC { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:8pt } Published on 30 October 2023   FIRST SECTION Application no.   5214/18 Ruslan Vasilyevich SULEYMANOV against Russia and 23 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     5214/18* 19/01/2018 Ruslan Vasilyevich SULEYMANOV 1979 Yuliya Viktorovna Bondarenko Moscow 30/05/2016 to 19/04/2019 Tverskoy District Court of Moscow, Moscow City Court 2 year(s) and 10 month(s) and 21 day(s)   fragility of the reasons employed by the courts; 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 - Moscow City Court, 29/08/2017, Moscow City Court (Appeal Chamber), 10/10/2017, 1 month and 11 days     44704/18* 10/09/2018 Magomed Khamzatovich KHAZBIYEV 1979 Andrey Vasilyevich Sabinin Stavropol 11/01/2018 to 27/11/2018 Magasskiy District Court of the Ingushetia Republic, Supreme Court of the Ingushetia Republic 10 month(s) and 17 day(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. 8 (1) - refusal of leave to prisoner for attending funeral of close relatives - The applicant was refused to attend funeral of his father,   Art. 10 (1) - Freedom of expression - Conviction of insulting public official,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Magasskiy District Court of the Ingushetia Republic, 21/06/2018 - 27/11/2018     48791/18* 04/10/2018 Dmitriy Yuryevich GOREV 1976 Marat Munirovich Zinnatullin Krasnodar 06/04/2017 to 06/04/2018 Oktyabrskiy District Court of Krasnodar, Krasnodar Regional Court 1 year(s) and 1 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       50193/18* 16/10/2018 Artem Vyacheslavovich LYUBIMOV 1976     01/09/2021 - Pending on the date when the complaint was raised with the Court for the first time (application form of 24/06/2022) Ramenskoye Town Court, Moscow Regional 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; 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. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - lack of the prosecuting party during the administrative proceedings. Final decision: 22/05/2018, Moscow Regional Court; sentenced to administrative detention of 15 days,   Art. 5 (1) - unlawful detention - 31/03/2018, 9.55 p.m. - 02/04/2018, 11.30 a.m.; raised in administrative proceedings, in particular, on 16/04 and 22/05/2018; the applicant taken to the police station as an administrative suspect: no evidence / assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity     58880/18* 27/11/2018 Konstantin Pavlovich TARAN 1979     16/08/2018 to 29/12/2021 Tverskoy District Court of Moscow, Moscow City Court 3 year(s) and 4 month(s) and 14 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       8940/19* 07/02/2019 Maksim Aleksandrovich KOSAREV 1972 Ivan Viktorovich Terekhov Moscow 16/02/2021 - Pending on the date when the complaint was raised with the Court for the first time in 2021 Chertanovskiy District Court of Moscow, Moscow City Court More than 2 year(s) and 6 month(s) and 2 day(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 - Chertanovskiy District Court of Moscow, 17/02/2021, appeal lodged on 24/02/2021, Moscow City Court, 16/03/2021, 20 days,   Art. 8 (1) - unlawful search - "Urgent" search of the applicant’s flat; 19/02/2018, Investigator of the Moscow City Investigative Committee; 20/02/2018, two-tier judicial review of the lawfulness of the search, final decision taken by the Moscow City Court on 10/10/2018; no special safeguards for lawyers: no special instructions by a judge regarding privileged materials, 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)     14931/19* 15/03/2019 Vladislav Yevgenyevich BABIYCHUK 1981 Andarbek Sharanovich Magomadov Moscow 19/12/2018 to 30/09/2020 Nikulinskiy District Court of Moscow, Kolpinskiy District Court of St Petersburg, Moscow City Court, St   Petersburg City Court 1 year(s) and 9 month(s) and 12 day(s)   fragility and repetitiveness of the reasoning employed by the courts as the case progressed Art. 5 (4) - excessive length of judicial review of detention – Nikulinskiy District Court of Moscow, 21/12/2018, appeal lodged on 24/12/2018, Moscow City Court, 31/01/2019, 1 month and 7 days; Kolpinskiy District Court of St Petersburg, 30/05/2019, appeal lodged on 07/06/2019, St Petersburg City Court, 17/07/2019, 1 month and 9 days; Kolpinskiy District Court of St Petersburg, 29/08/2019, appeal lodged on 30/08/2019, St Petersburg City Court, 09/10/2019, 1 month and 9 days;   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Nikulinskiy District Court of Moscow, Kolpinskiy District Court of St Petersburg, Moscow City Court, St   Petersburg City Court, from 21/1/2018 to 30/09/2020,   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings,   Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention, Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 4 of the Convention     28944/19 20/05/2019 Yuriy Lvovich ORESHKIN 1968 Mikhail Borisovich Belov Moscow 22/06/2018 - Pending on the date when the application was lodged Ostankinskiy District Court of Moscow, Moscow City Court More than 4   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; collective detention orders       38672/19* 12/07/2019 Kirill Gennadyevich LASKIN 1971 Maksim Ivanovich Kamakin St Petersburg 05/02/2019 - Pending on the date when the application was lodged Kuybyshevskiy District Court of St Petersburg, St Petersburg 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, 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 - St Petersburg City Court, 12/03/2019,   Art. 5 (4) - excessive length of judicial review of detention – Kuybyshevskiy District Court of St Petersburg, 08/02/2019, appeal lodged on 11/02/2019, St Petersburg City Court, 12/03/2019, 29 days;   Kuybyshevskiy District Court of St Petersburg, 01/04/2019, appeal lodged on 04/04/2019, St Petersburg City Court, 24/04/2019, 20 days;   Kuybyshevskiy District Court of St Petersburg, 17/05/2019, appeal lodged on 20/05/2019, St Petersburg City Court, 19/06/2019, 30 days;   Kuybyshevskiy District Court of St Petersburg, 31/07/2019, appeal lodged on 05/08/2019, St Petersburg City Court, 03/09/2019, 29 days;   Kuybyshevskiy District Court of St Petersburg, 18/09/2019, appeal lodged on 23/09/2019, St Petersburg City Court, 23/10/2019, 30 days   43577/19 08/08/2019 Sergey Vladimirovich GERASIMOV 1969 Artem Vaniyanovich Karakasiyan Moskva 10/10/2018 to 22/08/2019 Basmannyy District Court of Moscow, Moscow City Court 10 month(s) and 13 day(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 Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Basmannyy District Court of Moscow, Moscow City Court, 11/10/2018 - 06/06/2019   46700/19 26/08/2019 Vagan Leonovich ABGARYAN 1970 Artur Albertovich Avanesyan Moscow 14/02/2019 - Pending on the date when the application was lodged Basmannyy District Court of Moscow, Moscow City Court More than 4   year(s) and 6 month(s) and 4 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; collective detention orders     47517/19 28/08/2019 Michael John CALVEY 1967 Dmitry Vitalyevich Kletochkin Moscow 14/02/2019 - Pending on the date when the application was lodged Basmannyy District Court of Moscow, Moscow City Court More than 4   year(s) and 6 month(s) and 4 day(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; economic crime     55063/19 11/10/2019 Maksim Nikolayevich MIROSHNIK 1982 Andrey Alekseyevich Gaydaenko Moscow 04/12/2018 - Pending on the date when the application was lodged Tverskoy District Court of Moscow, Moscow City Court More than 4   year(s) and 8 month(s) and 14 day(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     3372/20* 15/11/2019 Mikhail Alekseyevich SMYKOV 1978 Kirill Alekseyevich Morozov Krasnodar 28/11/2018 to 15/05/2019 Oktyabrskiy District Court of Kirov, Kirov Regional Court 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     4294/21* 14/01/2021 Andrey Vitalyevich GALOCHKA 1972     23/01/2020 - Pending on the date when the application was lodged Tverskoy District Court of Moscow, Moscow City Court More than 2   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; collective detention orders Art. 3 - inadequate conditions of detention during transport - 20/03/2020 - 20/04/2021; van, transit cell; lack of fresh air, no or restricted access to toilet, overcrowding, 0.4 - 1.8   sq.   m per person,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IZ-Moscow, 23/01/2020 - pending on the date when the application was lodged,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Tverskoy District Court of Moscow, Moscow City Court, 24/01/2020 - 20/04/2021   44633/21 02/07/2021 Lyubov Aleksandrovna KAPRAVAYA 1979 Oleg Vladimirovich Tazov Moscow 04/02/2021 - Pending on the date when the application was lodged 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, 05/02/2021, appeal lodged on 08/02/2021, Moscow City Court, 15/03/2021, 1 month and 5   days; Tverskoy District Court, 01/04/2021, appeal lodged on 05/04/2021, Moscow City Court, 28/04/2021, 23 days   45683/21* 25/08/2021 Igor Nikolayevich PYATIGORETS 1963 Svetlana Anatolyevna Podgornaya Rostov-na-Donu 19/04/2019 - Pending on the date when the application was lodged Leninskiy District Court of Rostov-on-Don, Ust-Donetskiy District Court of the Rostov Region, Rostov Regional Court, Third Appellate 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed     49549/21* 09/09/2021 Ayrat Aydarovich KAMALOV 1978 Irina Vladimirovna Khrunova Kazan 18/02/2021 - Pending on the date when the application was lodged Tverskoy District Court of Moscow, Moscow City Court More than 1   year(s) fragility of the reasons employed by the courts; 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, 19/02/2021, appeal lodged on 25/02/2021, Moscow City Court, 22/03/2021, 25   days; Tverskoy District Court of Moscow, 14/04/2021, appeal lodged on 16/04/2021, Moscow City Court, 31/05/2021, 1   month and 14 days   53523/21* 12/10/2021 Yevgeniy Yuryevich MAKSIMOV 1983 Natalya Anatolyevna Lashkina Mikhaylovsk 28/01/2021 to 10/09/2021 Oktyabrskiy District Court of Stavropol, Stavropol Regional Court 7 month(s) and 14 day(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     55098/21* 08/11/2021 Pavel Alekseyevich MASLOVSKIY 1956 Oksana Vladimirovna Preobrazhenskaya Strasbourg 24/12/2020 - Pending on the date when the application was lodged Tverskoy District Court of Moscow, Moscow City 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     58660/21* 26/11/2021 Viktor Mikhaylovich KANEVSKIY 1982 Vyacheslav Borisovich Lipatenkov Sverdlovskyy village, Moscow Region 04/02/2021 - Pending on the date when the application was lodged 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; collective detention orders Art. 5 (4) - excessive length of judicial review of detention - Tverskoy District Court of Moscow, 01/07/2021, appeal lodged on 03/07/2021, Moscow City Court, 16/08/2021, 1   month and 13 days   924/22 22/12/2021 Aleksey Leonidovich KRISHTOPA 1980 Oksana Vladimirovna Preobrazhenskaya Strasbourg 04/03/2021 - Pending on the date when the application was lodged Leninskiy District Court of Stavropol, Stavropol Regional 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 of the reasons employed by the courts; 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. 5 (4) - excessive length of judicial review of detention - Leninskiy District Court of Stavropol, 31/05/2021, appeal lodged on 02/06/2021, Stavropol Regional Court, 26/07/2021, 1 month and 23 days,   Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention,   Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 4 of the Convention   3193/22* 14/12/2021 Igor Yakovlevich SHAPIRO 1970 Aleksandr Vladimirovich Kiryanov Taganrog 11/10/2021 - Pending on the date when the application was lodged Basmannyy District Court of Moscow, Moscow City Court More than 10   month(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     16802/22* 09/03/2022 Vitaliy Vyacheslavovich KOLESNIKOV 1972 Vladimir Sergeyevich Goryunov Moscow 27/01/2020 - Pending on the date when the application was lodged Babushkinskiy District Court of Moscow, Moscow Regional Court, First Appellate 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; 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 - Moscow Regional Court, 02/09/2021, appeal lodged on 04/09/2021, First Appellate Court, 06/10/2021, 1 month and 2 days