CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 mai 2024

.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 } .s598389F8 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:11pt } .sB853CD26 { font-family:Arial; font-size:8pt } Published on 24 June 2024   THIRD SECTION Application no.   11075/17 Natalya Grigoryevna SHARINA against Russia and 15 other applications (see table appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 30 May 2024, 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 table, 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     11075/17* 28/01/2017 Natalya Grigoryevna SHARINA 1957 Maksim Vladimirovich Olenichev St Petersburg 29/10/2015 to 05/06/2017 Meshchanskiy District Court of Moscow, Presnenskiy District Court of Moscow, Moscow City Court 1 year(s) and 7 month(s) and 8 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 Art. 5 (4) - excessive length of judicial review of detention - Presnenskiy District Court of Moscow, 26/08/2016, appeal lodged on 07/09/2016, Moscow City Court, 29/09/2016,   Art. 10 (1) - various restrictions on the right to freedom of expression - criminal conviction under articles 160 and 282 of the Criminal Code for keeping books and CDs allegedly inciting to hatred, and misappropriation (the applicant was director of a library); final decision: Moscow City Court, 24/04/2018, 4   years’ imprisonment suspended     75897/17* 13/10/2017 Aleksandr Anatolyevich POTKIN 1976 Irina Vladimirovna Khrunova Kazan 12/04/2018 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 Meshchanskiy District Court of Moscow, Domodedovo Town Court of the Moscow Region, Moscow City Court, Moscow Regional Court 4 year(s) and 5 month(s) and 5 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; humiliating search Art. 3 - inadequate conditions of detention during transport - van, transit cell, 22/01/2018-13/04/2018, 0.24, < 1 sq. m. per inmate; applicant transported on numerous occasions, humiliating search, lack of fresh air, no or restricted access to toilet, overcrowding, poor quality of food, no or restricted access to potable water, lack of or insufficient electric light,   Art. 5 (4) - excessive length of judicial review of detention:   Detention order by the Meshchanskiy District Court of Moscow on 12/04/2018, appeal decision by the Moscow City Court on 05/06/2018;   Detention order by the Meshchanskiy District Court of Moscow on 24/04/2018, appeal decision by the Moscow City Court on 05/06/2018 (both appeals considered on the same day);   Detention order by the Domodedovo Town Court of the Moscow Region, on 09/07/2018, appeal decision by the Moscow Regional Court on 23/08/2018,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - 22/01/2018 - 13/04/2018, FKU SIZO-1,   Art. 10 (1) - various restrictions on the right to freedom of expression - criminal conviction under articles 282, 282 and 282.1 of the Criminal Code for making publications and participating in the activities inciting to hatred between Russians and Kazakhs; final decision: Moscow City Court, 28/03/2018, imprisonment of 3 years and 6 months     58718/18* 14/12/2018 Pavlo Igorovych GRYB 1998 Yevgeniya Oleksandrivna Zakrevska Kyiv 25/08/2017 to 22/03/2019 Oktyabrskiy District Court of Krasnodar, Severo-Kavkazskiy Circuit Millitary Court, Krasnodar Regional Court 1 year(s) and 6 month(s) and 26 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       31472/19* 26/05/2019 Vladimir Gennadyevich KOMARNITSKIY 1996 Maksim Alekseyevich Pleshkov Moscow 26/06/2018 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 Basmannyy District Court of Moscow, Second Western Circuit Military Court, Moscow City Court, Appellate Military Court 4 year(s) and 2 month(s) and 22 day(s) 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 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 - metal cage, Basmannyy District Court of Moscow, 11/12/2019,   Art. 10 (1) - various restrictions on the right to freedom of expression and Art. 11 - criminal prosecution under articles 205.2, 212, 213, 280, 282 and 282.1 of the Criminal Code for participation in the activities of the Chernyy Blok political movement, in particular, for alleged calls to mass disorders, arrest and detention, possibly proceedings pending as of 16/09/2022,   Art. 34 - hindrance in the exercise of the right of individual petition   - The applicant’s lawyer representing him before the Court was not allowed to visit him in remand prison, one of the grounds being that he did not exhaust all domestic remedies necessary to apply to the Court, August 2019, complaints under article 125 of the CrPC not accepted for examination on 10/10/2019 and 08/11/2019, upheld on appeal on 11/12/2019     47739/19* 06/09/2019 Aleksey Yuryevich DMITRIYEV 1979 Aleksandr Vladimirovich Zimin St Petersburg 05/03/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 Primorskiy District Court of St Petersburg, Vasileostrovskoy District Court of St Peterburg, St   Peterburg City Court 3 year(s) and 6 month(s) and 12 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice Art. 5 (1) - unlawful detention - arrest and detention on 05/03/2019 from 4 p.m. to 9.50 p.m., raised on 07/09/2019 and 07/06/2019; detention (criminal) for more than three hours without written record (see Ovakimyan v.   Russia , no. 52796/08, §   40, 54, 57, 21 February 2017)     49350/19* 06/09/2019 Ismail Makhmudovich NALGIYEV 1991 Andrey Vasilyevich Sabinin Stavropol 08/05/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 Yessentuki Town Court of the Stavropol Region, Nalchik Town Court of the Kabardino-Balkar Republic, Stavropol Regional Court, Supreme Court of the Kabardino-Balkar Republic 3 year(s) and 4 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 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Supreme Court of the Republic of Ingushetia, 13/06/2019,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - administrative conviction under article 20.2 § 5 of the CAO for participation in an unauthorised manifestation in Magas against amendments to the law on referendums, Ingushetia, on 26/03/2019; final decision: Supreme Court of the Republic of Ingushetia, 13/06/2019, fine of RUB   20,000     60670/19 15/11/2019 Akhmed Beslanovich NALGIYEV 1992                     Zubeyr Alaudinovich KHAMKHOYEV 1996   Tatyana Sergeyevna Glushkova Moscow 20/04/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022     23/04/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 Nalchick Town Court of the Kabardino-Balkar Republic,                     Supreme Court of the Kabardino-Balkar Republic 3 year(s) and 4 month(s) and 28 day(s)                       3 year(s) and 4 month(s) and 25 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       64428/19* 06/12/2019 Abdulmumin Khabirovich GADZHIYEV 1984 Arsen Khidirnabiyevich Shabanov Makhachkala 14/06/2019 - 16/09/2022 Sovetskiy District Court of Makhachkala, Supreme Court of the Dagestan Republic 3 year(s) and 3 month(s) and 3 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice Art. 10 (1) - various restrictions on the right to freedom of expression - criminal conviction under articles 282.2, 205.1 and 205.5 of the Criminal Code for publishing an interview with a person helping Syrian refugees and allegedly engaged in Islamic State activities; last known decision: Southern Circuit Military Court of Rostov-on-Don, 12/09/2023 (unclear whether an appeal was lodged),   Art. 5 (4) - excessive length of judicial review of detention: Detention order by the Sovetskiy District Court of Makhachkala on 10/09/2019, appeal decision by the Supreme Court of the Dagestan Republic on 07/10/2019     6369/20* 04/12/2019 Khasan Magomedovich KATSIYEV 1988 Andrey Vasilyevich Sabinin Stavropol 23/04/2019 to 05/03/2020 Nalchik Town Court of the Kabardino-Balkar Republic, Yessentuki Town Court of the Stavropol Region, Stavropol Regional Court, Supreme Court of the Kabardino-Balkar Republic 10 month(s) and 12 day(s)   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 assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - criminal conviction under Article 318 of the Criminal Code on account of violence against a public official for participation in a meeting in Magas on 26/03/2019 against amendments to the law on referendum; final decision: Stavropol Regional Court, 13/04/2020, imprisonment of 1 year and 9 months,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The first-instance court considered it necessary to keep the applicant in detention as a preventive measure pending the entry into force of the conviction even after the prison sentence imposed on him had expired; the time spent in pre-trial detention was taken into account, 1 day in pre-trial detention equal to 2   days in prison, he had to stay in detention until 13/04/2020 when the conviction had entered into force; the applicant’s appeal delayed the entry into force of the conviction; the realisation of the applicant’s right to appeal was at the price of his liberty (see Ruslan Yakovenko v. Ukraine , no.   5425/11, paras. 72-83, 4 June 2015)   6519/20* 24/01/2020 Khasan Savarbekovich ZYAZIKOV 1980 Vanessa Kogan Moscow 18/07/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 Nalchik Town Court of the Kabardino-Balkar Republic, Supreme Court of the Kabardino-Balkar Republic 3 year(s) and 1 month(s) and 30 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 Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - criminal prosecution under Article 318 of the Criminal Code on account of violence against a public official for participation in a meeting in Magas on 26/03/2019 against amendments to the law on referendum and changing Ingushetia’s frontiers; proceedings possibly pending as of 16/09/2022   53875/20* 17/11/2020 Vadim Kazbekovich CHELDIYEV 1981 Andrey Vasilyevich Sabinin Stavropol 19/04/2020 to 19/07/2022 Leninskiy District Court of Vladikavkaz, Leninskiy District Court of Rostov-on-Don, Supreme Court of the Ossetia-Alania Republic, Rostov Regional Court 2 year(s) and 3 month(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; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Ossetia-Alania Republic, 24/07/2020,   Art. 10 (1) - various restrictions on the right to freedom of expression - administrative conviction under article 13.15 para. 9 of the CAO for publication in Telegram; final decision: Supreme Court of the Ossetia-Alania Republic, 24/07/2020, fine of RUB   75,000,   Art.   11 and Art. 10 (1) - conviction for making calls to participate in public events - criminal conviction under articles 207.1, 212, 280 and 318 of the Criminal Code on account of organisation of mass disorders for calling to participate and participating in an unauthorised meeting against authorities of the North Ossetia-Alania Republic, 20/04/2020, Vladikavkaz; final decision: Supreme Court of Russia, 20/07/2023, 10 years’ imprisonment   13054/21* 16/02/2021 Ramis Akhmetovich CHIRKINOV 1963 Andrey Vasilyevich Sabinin Stavropol 04/05/2020 to 19/07/2022 Leninskiy District Court of Rostov-on-Don, Rostov Regional Court 2 year(s) and 2 month(s) and 16 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 Art. 11 and Art. 10 (1) - various restrictions on the right to freedom of expression - criminal conviction under article 212 of the Criminal Code on account of organisation of mass disorders for calling to participate and participating in an unauthorised meeting against authorities of the North Ossetia-Alania Republic, 20/04/2020, Vladikavkaz; final decision: Supreme Court of Russia, 20/07/2023, 8 years’ imprisonment   13489/21* 17/02/2021 Arsen Tamerlanovich BESOLOV 1991 Andrey Vasilyevich Sabinin Stavropol 12/05/2020 to 19/07/2022 Leninskiy District Court of Rostov-on-Don, Rostov Regional Court 2 year(s) and 2 month(s) and 8 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 Art. 11 and Art. 10 (1) - various restrictions on the right to freedom of expression - criminal conviction under article 212 of the Criminal Code on account of organisation of mass disorders for calling to participate and participating in an unauthorised meeting against authorities of the North Ossetia-Alania Republic, 20/04/2020, Vladikavkaz; final decision: Supreme Court of Russia, 20/07/2023, imprisonment of 8 years and 6 months   14565/22* 15/02/2022 Lyudmila Petrovna SHTEYN 1996 Andrey Vasilyevich Sabinin Stavropol 02/02/2021 to 25/08/2021 Preobrazhenskiy District Court of Moscow, Moscow City Court 6 month(s) and 24 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; 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: Detention order by the Basmannyy District Court of Moscow on 21/07/2021, appeal decision by the Moscow City Court on 24/08/2021   30558/22 07/06/2022 Ruslan Faridpashayevich ABASOV 2022 Aleksandra Nikolayevna Bayeva Moscow 23/12/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 Gagarinskiy District Court of Moscow, Moscow City Court 8 month(s) and 25 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     39478/23* 04/02/2023 Liliya Ayratovna CHANYSHEVA 1982 Daniil Borisovich Berman Moscow 10/11/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 Kirovskiy District Court of the Bashkortostan Republic, Basmannyy District Court of Moscow, Supreme Court of the Bashkortostan Republic, Moscow City Court 10 month(s) and 7 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