CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 4 mai 2023
- ECLI
- ECLI:CEDH:001-224813
- Date
- 4 mai 2023
- Publication
- 4 mai 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 } .sE2FA2762 { height:93.1pt } Published on 30 May 2023   FOURTH SECTION Application no.   33610/18 Dmitriy Aleksandrovich TRETYAKOV against Russia and 21 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 4 May 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     33610/18* 16/07/2018 Dmitriy Aleksandrovich TRETYAKOV 1985 Oksana Vladimirovna Preobrazhenskaya Strasbourg 14/03/2018 to 28/03/2019 Frunzenskiy District Court of Vladivostok, Primorye Regional Court 1 year(s) and 15   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 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 (1) - unlawful deprivation of liberty - the applicant detained as a suspect in excess of 48 hours from 14/03/2018 to 16/03/2018,   Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant posted a note in his Telegram channel, commenting the article of a famous journalist about peaceful and violent protests. He was convicted of a criminal offence of calls to participate in extremist activities (Art 280.2 CCP). Final – Primorye Regional Court, 26/06/2019,   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,   Art. 3 - inadequate conditions of detention during transport - the applicant transported on numerous occasions in “stakan”-type single-prisoner cubicles from 14/03/2018 to 26/10/2018     13453/19* 06/06/2019 Igor Aleksandrovich DONTSOV 1969     06/09/2017 and ongoing on the date when the application was lodged with the Court Moscow City Court More than 5   year(s) and 6   month(s) and 10   day(s)   the applicant is charged with misappropriation of budgetary funds - "white collar" crime; failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint; collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding               29435/19 24/05/2019 Dmitriy Aleksandrovich MARTYNOV 1972 Mikhail Vladimirovich Matyushin Moscow 01/02/2017 to 06/02/2019 Nikulinskiy District Court of Moscow; Moscow City Court 2 year(s) and 6   day(s)   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; failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts;       33453/19* 19/06/2019 Reyal Kyamal ogly RASULOV 1992 Aleksandr Fedorovich Fleganov Petrozavodsk 15/08/2015 and ongoing on the date when the application was lodged with the Court Petrozavodsk Town Court of Karelia Republic, Supreme Court of the Karelia Republic More than 7 year(s) and 7   month(s) and 1   day(s)   failure to conduct the proceedings with due diligence during the period of detention; 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       35997/19* 25/06/2019 Vyacheslav Valeryevich KRUGLOV 1989 Aleksandr Kuzmich Khudyakov Sergiyev Posad 05/03/2019 to 19/07/2019 Sergiyev-Posad Town Court; Moscow Regional Court 4 month(s) and 15   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       36343/19 25/06/2019 Oleg Viktorovich KRASNOV 1982 Yelena Anatolyevna Mamedova Samara 28/02/2017 and ongoing on the date when the application was lodged with the Court Samarskiy District Court of Samara, Leninskiy District Court of Samara, Samara Regional Court More than   6 year(s) and 16 day(s) 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       37080/19 01/07/2019 Sergey Dmitriyevich ZAKHAROV 1994 Mikhail Igorevich Shogin Petrozavodsk 25/05/2018 and ongoing on the date when the application was lodged with the Court Petrozavodsk Town Court of the Republic of Karelia, Supreme Court of the Republic of Karelia More than 4 year(s) and 9   month(s) and 19   day(s)   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       37151/19* 02/07/2019 Mikhail Aleksandrovich FOMIN 1976 Igor Nikolayevich Simonenkov Moscow 20/06/2018 and ongoing on the date when the application was lodged with the Court Tverskoy District Court of Moscow, Moscow City Curt More than   4 year(s) and 8   month(s) and 24   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 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       37841/19* 11/07/2019 Nikita Valentinovich KOLESNIKOV 1965 Vladimir Vladimirovich Slyunin Moscow 17/05/2018 to 12/08/2019 Basmannyy District Court of Moscow, Moscow City Court 1 year(s) and 2   month(s) and 27   day(s)   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 of the reasons employed by the courts     38127/19* 18/07/2019 Vasiliy Pavlovich SUKHORUKOV 1960 Sergey Vyacheslavovich Kolosovskiy Yekaterinburg 30/01/2019 to 27/01/2020 Kirovskiy District Court of Astrakhan, Astrakhan Regional Court 11   month(s) and 29   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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed     Art. 5 (1) - unlawful deprivation of liberty - unrecorded detention between 30/01/2019, 3.30 pm, and 31/01/2019, 12.15 am, raised on appeal   38221/19* 25/06/2019 Aleksandr Yuryevich SAFONOV 1974 Andrey Vitalyevich Aleksandrov Moscow 29/05/2018 and ongoing on the date when the application was lodged with the Court Basmannyy District Court of Moscow; Moscow City Court More than 4 year(s) and 9   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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed Art. 3 - inadequate conditions of detention during transport - van, transit cell, from 31/05/2018 to 24/05/2019, 0.5 sq. m. per inmate, no or restricted access to toilet, lack of fresh air, lack of or insufficient electric light,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during hearings on extension of pre-trial detention term at the Basmannyy District Court of Moscow from 31/05/2018 to 24/05/2019   38695/19 12/07/2019 Van Kuyen TRAN 2019 Maksim Ivanovich Kamakin St Petersburg 06/10/2018 and ongoing 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) and 5   month(s) and 10   day(s)   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 of the reasons employed by the courts Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Dzerzhinskiy District Court of St Petersburg on 30/04/2019, 03/07/2019; St Petersburg City Court on 11/06/2019,   Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - lengthy review of detention, Dzerzhinskiy District Court, 11/06/2019, appeal lodged on 03/05/2019, St Petersburg City Court,11/06/2019, 1 month and 8 days   38843/19* 05/07/2019 Yevgeniy Aleksandrovich MEZIN 1988     08/02/2019 and ongoing on the date when the application was lodged with the Court Industrialnyy District Court of Perm Region, Perm Regional Court More than   4 year(s) and 1 month(s) and 8 day(s)   fragility of the reasons employed by the courts; white collar crime; 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     39194/19* 20/07/2019 Dmitriy Vladimirovich BOGACHEV 1972     27/11/2016 to 20/01/2019 Vyborgskiy Town Court of the Leningrad Region, Kalininskiy District Court of St Petersburg; St   Petersburg City Court, Leningrad Regional Court 2 year(s) and 1   month(s) and 25   day(s)   failure to conduct the proceedings with due diligence during the period of detention; 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       41384/19* 26/07/2019 Artem Dmitriyevich BELOV 1985 Vyacheslav Anatolyevich Martynov Monastyrshchina 04/02/2019 and ongoing on the date when the application was lodged with the Court Novomoskovsk Town Court of the Tula Region, Tula Regional Court More than   4 year(s) and 1 month(s) and 12 day(s) failure to conduct the proceedings with due diligence during the period of detention; 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     41579/19 29/07/2019 Kirill Alekseyevich ADAMOV 1988     28/02/2018 to 15/07/2019 Tsentralnyy District Court of Chita, Zabaykalskiy Regional Court 1 year(s) and 4 month(s) and 18 day(s) failure to conduct the proceedings with due diligence during the period of detention; 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 of the reasons employed by the courts; collective detention orders     41874/19* 26/07/2019 Aleksandr Vyacheslavovich PISAREV 1986 Dmitriy Arkadyevich Denisov Astrakhan 21/04/2018 to 18/06/2019   20/06/2019 to 16/09/2019 Trusovskiy District Court of Astrakhan, Sovetskiy District Court of Astrakhan, Astrakhan Regional Court 1 year(s) and 1 month(s) and 29 day(s)   2 month(s) and 28 day(s) fragility of the reasons employed by the courts; failure to conduct the proceedings with due diligence during the period of detention; "white collar" type crime; 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. 3 - use of metal cages and/or other security arrangements in courtrooms - Trusovskiy District Court of Astrakhan, Sovetskiy District Court of Astrakhan, Astrakhan Regional Court (in person and by video conference from a remand prison); multiple hearings between 21/04/2018 and 05/12/2019,   Art. 3 - inadequate conditions of detention during transport - van (Astrakhan/Volgograd/Pyatigorsk) 4 journeys between 24/12/2019 and 09/01/2020, cramped individual compartment ("glass"),   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and detention in cage during court hearings           57670/19* 10/01/2020 Aleksandr Vasilyevich PETROV 1982     25/09/2019 to 16/01/2020 Moskovskiy District Court of Tver, Tver Regional Court 3 month(s) and 23 day(s) 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     59300/19 08/11/2019 Lidiya Yuryevna PODREZOVA 1991 Gulmira Kuatovna Alimova Novosibirsk 07/06/2019 and ongoing on the date when the application was lodged with the Court Zayeltsovskiy District Court of Novosibirsk, Novosibirsk Regional Court More than   3 year(s) and 9 month(s) and 11 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 examine the possibility of applying other measures of restraint     6556/20* 17/01/2020 Dmitriy Valeryevich GUSAKOV 1983     18/07/2017 and ongoing on the date when the application was lodged with the Court Sestroretskiy District Court of St Petersburg, St   Petersburg City Court, Kalininskiy District Court of St Petersburg, Moskovskiy District Court of St Petersburg More than   5 year(s) and 8 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 conduct the proceedings with due diligence during the period of detention; collective detention orders Art. 8 (1) - restrictions on family visits in pre-trial facilities – SIZO ‑ 1 St Petersburg; refusal of long-term family visits; in 2018, 2019 the applicant’s mother requested a long-term visit with him but faced a refusal on the ground that long-term visits are not provided for by the national law,   Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits   52695/20* 17/06/2021 Ilya Leonidovich VYGUZOV 1978     27/07/2018 and ongoing on the date when the application was lodged with the Court Industrialnyy District Court of Izhevsk, Supreme Court of the Republic of Udmurtiya More than   4 year(s) and 7   month(s) and 19   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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed         53402/20* 01/07/2021 Viktor Vladimirovich KACHAYEV 1992     30/11/2019 and ongoing on the date when the application was lodged with the Court Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court More than 3 year(s) and 3   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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; collective detention orders Art. 5 (4) - excessive length of judicial review of detention - Sovetskiy District Court of Krasnoyarsk, 08/07/2021, Krasnoyarsk Regional Court, 10/08/2021; Sovetskiy District Court of Krasnoyarsk on 29/10/2021, Krasnoyarsk Regional Court, 30/11/2021  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 4 mai 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-224813
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- Texte intégral
- Résumé officiel