CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 4 mai 2023
- ECLI
- ECLI:CEDH:001-224956
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- 4 mai 2023
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- 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 } Published on 30 May 2023   FOURTH SECTION Application no.   56332/18 Aleksey Igorevich VASYANOVICH against Russia and 62 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     56332/18* 14/11/2018 Aleksey Igorevich VASYANOVICH 1987 Ivan Nikolayevich Nazarov Rostov-on-Don 22/08/2017 to 22/02/2019 Tverskoy District Court of Moscow, Moscow City Court 1 year(s) and 6 month(s) and 1 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 Art. 3 - inadequate conditions of detention during transport - train, van, from 27/05/2019 to 29/05/2019, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to toilet, passive smoking, lack of or insufficient natural light, overcrowding, lack of fresh air,   Art. 5 (4) - excessive length of judicial review of detention - detention order delivered by the Tverskoy District Court of Moscow on 04/05/2018 was examined on appeal on 04/06/2018 by Moscow City Court; detention order delivered by the Moscow City Court on 16/08/2018 was examined on appeal on 20/09/2018 by Appeal Chamber of the Moscow City Court     49602/20* 06/10/2020 Denis Aleksandrovich SERDYUKOV 1982     03/08/2016 and ongoing on the date when the application was lodged with the Court Sovetskiy District Court of Kazan, Naberezhnyye Chelny City Court, Supreme Court of the Republic of Tatarstan More than 6   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 Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Naberezhnyye Chelny Town Court between 26/12/2018 and 14/07/2020,   Art. 3 - inadequate conditions of detention during transport - van, 05/08/2016 to 09/12/2018, 0.25 sq. m. per inmate, overcrowding, lack of fresh air, inadequate temperature; van, 09/12/2018 to 01/03/2021, 0.25 sq. m. per inmate, overcrowding, lack of fresh air, inadequate temperature,   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport               14721/21* 15/03/2021 Ilya Semenovich MARTYSHKIN 1967     14/08/2018 and ongoing on the date when the application was lodged with the Court Samarskiy District Court, Avtozavodskiy District Court of Tolyatti, Samara Regional 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; 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. 3 - use of metal cages and/or other security arrangements in courtrooms - Samarskiy District Court, Avtozavodskiy District Court of Tolyatti, Samara Regional Court, since 16/08/2018,   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings     15053/21 25/02/2021 Valentin Valentinovich GORSHKOV 1974 Irina Borisovna Shumakova Moscow 22/07/2020 and ongoing on the date when the application was lodged with the Court Nagatinskiy District 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; 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       26508/21* 19/05/2021 Sumbat Amayakovich ABASOV 1966 Mikhail Aleksandrovich Bazhinov Belgorod 27/06/2020 and ongoing on the date when the application was lodged with the Court Sverdlovskiy District Court of Belgorod, Belgorod Regional Court More than 2   year(s) 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       27052/21* 13/09/2021 Vladimir Aleksandrovich MOISEYENKO 1988     04/05/2019 and ongoing on the date when the application was lodged with the Court Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Region Court More than 3   year(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 conduct the proceedings with due diligence during the period of detention               32022/21 01/08/2021 Darya Olegovna GRINKOVA 1998     22/05/2017 and ongoing on the date when the application was lodged with the Court Tsentralnyy District Court of Chelyabinsk, Chelyabinsk Regional Court More than 5   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; collective detention orders       35859/21 01/12/2021 Mikhail Vladimirovich MATVEYEV 1995     07/01/2017 to 04/06/2018; 29/11/2018 to 22/03/2022 Nizhneingashskiy District Court of the Krasnoyarsk Region, Krasnoyarsk Regional Court, Fifth Appellate Court In total – more than 4 years   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       37556/21* 08/07/2021 Andrey Yevgenyevich ZARUBIN 1988     17/03/2020 and ongoing on the date when the application was lodged with the Court Zheleznodorozhnyy District Court of Chita, Tsentralnyy District Court of Chita, Zabaykalsk Regional Court More than 3   year(s)   collective detention orders; 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     37651/21 05/07/2021 Anna Valeryevna KHMELEVA 1985     11/08/2019 and ongoing on the date when the application was lodged with the Court Surgut Town Court, Tsentralnyy District Court of Chelyabinsk, Chelyabinsk Regional Court, Kurchatovskiy District Court of Chelyabinsk More than 3   year(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 examine the possibility of applying other measures of restraint           37764/21* 07/07/2021 Dmitriy Yuryevich MAKSIMOV 1985 Yevgeniya Mikhaylovna Zyuzina Voronezh 10/09/2018 to 27/04/2021 Ramonskiy District Court of Voronezh, Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh, Voronezh Regional Court 2 year(s) and 7 month(s) and 18   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 examine the possibility of applying other measures of restraint Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kominternovskiy District Court of Voronezh, Ramonskiy District Court of Voronezh, Leninskiy District Court of Voronezh, between 14/09/2018 and 27/04/2021;   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings   38187/21* 02/07/2021 Eres Demir-oolovich BALDANAY 1980     27/02/2018 to 09/06/2021 Kirovskiy District Court of Krasnoyarsk, Tsentralnyy District Court of Krasnoyarsk, Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court 3 year(s) and 3 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 conduct the proceedings with due diligence during the period of detention Art. 5 (4) - excessive length of judicial review of detention – detention order of the Sovetskiy District Court of Krasnoyarsk of 19/01/2021, examined on appeal by the Krasnoyarsk Regional Court on 16/02/2021, 28 days; Detention order by the Sovetskiy District Court of Krasnoyarsk, of 13/04/2021, examined on appeal by the Krasnoyarsk Regional Court on 20/05/2021, 1 month and 6 days   38839/21* 12/07/2021 Roman Igorevich ZAVARZIN 1982     05/05/2019 and ongoing on the date when the application was lodged with the Court Zelenodolskiy District Court of the Tatarstan Republic, Pestrechinskiy District Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic, Fourth Appellate 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 Art. 5 (4) - excessive length of judicial review of detention – the detention order by the Supreme Court of the Tatarstan Republic of, 14/01/2021, was examined on appeal by the Fourth Appellate Court on 18/02/2021, 1 month and 5 days;   The detention order by the Pestrechinskiy District Court of the Tatarstan Republic of 10/02/2021, was examined on appeal by the Supreme Court of the Tatarstan Republic on 24/03/2021, 1 month and 11 days   39870/21 21/06/2021 Marat Aramaisovich MUSTAFIN 1987     27/06/2019 and ongoing on the date when the application was lodged with the Court Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate 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 Art. 5 (4) - excessive length of judicial review of detention - Supreme Court of the Tatarstan Republic, 25/03/2021, appeal by the Fourth Appellate Court on 21/04/2021, 27 days   40302/21 27/07/2021 Aleksandr Vladimirovich NAGORNYY 1975 Viktoriya Nikolayevna Stukova Voronezh 05/09/2016 and ongoing on the date when the application was lodged with the Court Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh, Voronezh Regional Court More than 6   year(s) fragility of the reasons employed by the courts; 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; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; collective detention orders; failure to conduct the proceedings with due diligence during the period of detention     40316/21 26/07/2021 Pavel Mikhaylovich YEFREMOV 1980     11/12/2017 and ongoing on the date when the application was lodged with the Court Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan More than 5   year(s) and 3 month(s) and 6 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; failure to examine the possibility of applying other measures of restraint     41258/21 21/07/2021 Oleg Vyacheslavovich ZHDANOV 1971 Yevgeniy Fedorovich Pyatitskiy Rostov-on-Don 01/10/2020 and ongoing on the date when the application was lodged with the Court Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Fourth Cassation Court More than 2   year(s) fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint     42714/21 02/08/2021 Vitaliy Sergeyevich MUKHIN 1989 Andrey Aleksandrovich Dunin Kozmodemyansk 30/04/2021 and ongoing on the date when the application was lodged with the Court Presnenskiy District Court of Moscow, Moscow City Court More than 1   year 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     42731/21* 23/08/2021 Konstantin Viktorovich MARCHENKO 1968 Aleksandr Aleksandrovich Bochkarev Moscow 26/03/2019 and ongoing on the date when the application was lodged with the Court Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court More than 3   year(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; failure to conduct the proceedings with due diligence during the period of detention     43499/21* 07/08/2021 Yevgeniy Valeryevich DANILIN 1986     02/10/2020 and ongoing on the date when the application was lodged with the Court Sovetskiy District Court of Kazan, Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan 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; failure to conduct the proceedings with due diligence during the period of detention Art. 5 (4) - excessive length of judicial review of detention – detention order of the Vakhitovskiy District Court of Kazan of 26/01/2021, Upheld on appeal by the Supreme Court of the Republic of Tatarstan on 19/02/2021, 24 days; detention order of the Vakhitovskiy District Court of Kazan of 30/03/2021, upheld on appeal by the Supreme Court of the Republic of Tatarstan on 21/05/2021, 1 month and 21 days   44359/21* 17/08/2021 Maksim Aleksandrovich SERDYUCHENKO 1989 Aleksandr Vladimirovich Kiryanov Taganrog 28/01/2019 to 08/11/2021 Leninskiy District Court of Rostov-on-Don, Rostov Regional Court 2 year(s) and 9 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 Art. 5 (4) - excessive length of judicial review of detention – detention order by the Leninskiy District Court of Rostov-on-Don of 24/05/2021, upheld on appeal by the Rostov Regional Court, on 21/06/2021, 28 days     45363/21 30/08/2021 Sergey Yegorovich MARAKOV 1949 Andrey Vasilyevich Sabinin Stavropol 21/12/2020 to 11/10/2021 Leninskiy District Court of Grozny, Supreme Court of the Chechen Republic 9 month(s) and 21   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     45471/21 25/08/2021 Vladimir Yevgenyevich PISARENKO 1978 Nadezhda Sergeyevna Androsova Lipetsk 15/10/2018 and ongoing on the date when the application was lodged with the Court Basmannyy Disctrict Court of Moscow, Moscow City Court, Sovetskiy District Court of Lipetsk, Lipetsk Regional Court More than 4   year(s) fragility of the reasons employed by the courts; collective detention orders; 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     45967/21* 26/08/2021 Mikhail Anatolyevich VASILYEV 1968 Sergey Nikolayevich Klyubin Velikiy Novgorod 27/11/2019 and ongoing on the date when the application was lodged with the Court Novgorod District Court of the Novgorod Region; Novgorod Regional Court More than 3   year(s) and 3 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; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding Art. 5 (5) - lack of, or inadequate, compensation for a violation of Art. 5 (3) of the Convention   46624/21* 03/09/2021 Magomet Abubakarovich AMKHADOV 1972 Dzhalil Saydagamatovich Yalmambetov Stavropol 28/10/2020 and ongoing on the date when the application was lodged with the Court Taganskiy District Court of Moscow, Moscow City Court More than 2   year(s)   fragility of the reasons employed by the courts; 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; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding     46716/21 06/09/2021 Timur Anatolyevich ISKHAKOV 1969     07/02/2019 and ongoing on the date when the application was lodged with the Court Tverskoy District Court of Moscow, Moscow City Court, First Appellate Court More than 3   year(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; failure to conduct the proceedings with due diligence during the period of detention     47220/21* 01/12/2021 Aleksey Vasilyevich SHEVCHUK 1974     27/08/2019 to 09/03/2022 Sovetskiy District Court of Krasnoyarsk, Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court 2 year(s) and 6 month(s) and 11   day(s)   failure to conduct the proceedings with due diligence during the period of detention; 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; collective detention orders Art. 5 (4) - excessive length of judicial review of detention - Detention order of the Sovetskiy District Court of Krasnoyarsk on 09/03/2021, appeal lodged on 15/03/2021, Appeal decision of the Krasnoyarsk Regional Court, 09/06/2021 (2 months and 25 days); Detention order of the Sovetskiy District Court of Krasnoyarsk on 20/05/2021, appeal lodged on 21/05/2021, Appeal decision of the Krasnoyarsk Regional Court on 07/09/2021 (3 months and 18 days); Detention order of the Sovetskiy District Court of Krasnoyarsk 08/09/2021, appeal lodged on 13/09/2021, Appeal decision by the Krasnoyarsk Regional Court, 19/10/2021 (1 month and 6 days)   47514/21 07/09/2021 Ruslan Rustemovich KHABEYEV 1997     21/07/2020 and ongoing on the date when the application was lodged with the Court Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic More than 2   year(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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed     47713/21 11/09/2021 Nikita Yevgenyevich MALYSHEV 1997     20/04/2017 and ongoing on the date when the application was lodged with the Court Leninskiy District Court of Krasnoyarsk, Vakhitovskiy District Court of Kazan, Novo-Savinovskiy District Court of Kazan, Supreme Court of Tatarstan Republic More than 5   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; collective detention orders     48020/21 09/09/2021 Georgiy Sergeyevich SHKURKO 1962 Natalya Aleksandrovna Nechiporenko Moscow 10/09/2019 and ongoing on the date when the application was lodged with the Court Moscow Harrison Military Court, Appellate Military Court, Second Western Circuit Military Court More than 3   year(s)   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; 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               48990/21 16/09/2021 Yanis Maksimovich BIRCHAK 1990     31/03/2020 and ongoing on the date when the application was lodged with the Court Supreme Court of the Republic of Tatarstan 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; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding     49118/21 23/09/2021 Leonid Iosifovich FILIPPOV 1960 Leonid Leonidovich Krikun St Petersburg 16/03/2021 and ongoing on the date when the application was lodged with the Court Vsevolozhsk Town Court of the Leningrad Region, Leningrad Regional Court More than 1 year   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. 3 - use of metal cages and/or other security arrangements in courtrooms - Vsevolozhsk Town Court on 15/06/2021, Leningrad Regional Court on 08/07/2021 and 30/07/2021 (videoconference),   Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention – detention order of the Vsevolozhsk Town Court on 13/05/2021, appeal lodged on 15/05/2021, appeal decision by the Leningrad Regional Court on 08/07/2021 (1 month and 23 days); detention order by the Vsevolozhsk Town Court on 15/06/2021, appeal lodged on 21/06/2021, appeal decision by the Leningrad Regional Court, 30/07/2021 (1 month and 8 days)   49775/21 04/08/2021 Ilfat Ilgizarovich KHAYRUTDINOV 1988     13/06/2019 and ongoing on the date when the application was lodged with the Court Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan, the Fourth Appeal Court of General Jurisdiction 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 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) - deficiencies in proceedings for review of the lawfulness of detention – detention order by the Supreme Court of the Tatarstan Republic on 12/05/2021, appeal decision of the Fourth Appellate Court on 10/06/2021 (29 days)     50952/21* 28/09/2021 Yevgeniy Gennadyevich KORMUSHKIN 1986 Dmitriy Andreyevich Myltsyn Moscow 17/02/2021 to 13/08/2021 Perovskiy District Court of Moscow, Moscow City Court 5 month(s) and 28   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. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention -   51361/21* 28/09/2021 Konstantin Vladimirovich YEGOROV 1980 Aleksandr Dmitriyevich Peredruk St Petersburg 02/04/2021 to 23/11/2021 Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court 7 month(s) and 22   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; fragility of the reasons employed by the courts Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placed in a metal cage during the proceedings concerning the prolongation of his pre-trial detention on 27/05/2021 and 28/07/2021 in the Tsentralnyy District Court of Krasnoyarsk,   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings   52599/21 11/10/2021 Anton Olegovich KAPILEVICH 1985 Irina Aleksandrovna Suslova Vyborg 04/06/2020 and ongoing on the date when the application was lodged with the Court Vyborg Town Court of the Leningrad Region, Leningrad Regional 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; failure to examine the possibility of applying other measures of restraint Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during hearings in the Vyborg Town Court of the Leningrad Region and, via video link, in Leningrad Regional Court since 05/06/2020 and and ongoing on the date when the application was lodged with the Court   53505/21 21/10/2021 Vladimir Petrovich MAKAROV 1960 Inessa Vadimovna Svechnikova Moscow 08/09/2020 and ongoing on the date when the application was lodged with the Court Basmannyy District 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; 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; collective detention orders     53517/21 05/10/2021 Yuriy Pavlovich ZHDANOV 1954 Fedor Yevgenyevich Sirosh Moscow 26/03/2021 to 19/12/2021 Lomonosovskiy District Court of Arkhangelsk, Arkhangelsk Regional Court 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 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       53800/21 19/10/2021 Denis Olegovich PAVLOV 1991 Yuriy Aleksandrovich Shovdin Kosmodemyanskiy 29/08/2017 to 16/11/2021 Zuzinskiy District Court of Moscow, Izmaylovskiy District Court of Moscow, Moscow City Court 4 year(s) and 2 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; 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 – detention order by the Izmaylovskiy District Court of Moscow on 24/02/2021, appeal lodged on 26/02/2021, appeal decision by the Moscow City Court on 25/05/2021, 2 months and 27 days   54081/21* 14/10/2021 Sergey Pavlovich YURIN 1978 Aleksey Nikolayevich Laptev Moscow 11/02/2021 and ongoing on the date when the application was lodged with the Court Khamovnicheskiy District Court of Moscow, Moscow City Court More than 1 year   collective detention orders; 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 Art. 5 (4) - excessive length of judicial review of detention – detention order by the Khamovnicheskiy District Court of Moscow on 31/03/2021, appeal decision of the Moscow City Court on 11/05/2021, 1 month and 10 days; Detention order by the Khamovnicheskiy District Court of Moscow on 07/06/2021, appeal decision by the Moscow City Court on 17/08/2021, 2 months and 10 days; Detention order of the Khamovnicheskiy District Court of Moscow, 23/08/2021, no review,   Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention   54444/21 04/10/2021 Askar Linarovich GAYNULLIN 1997     21/07/2020 and ongoing on the date when the application was lodged with the Court Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan, Fourth Appellate Court More than 2   year(s) collective detention orders; 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               55957/21 11/10/2021 Anna Vasilyevna MALYSHEVA 1976     19/04/2017 and ongoing on the date when the application was lodged with the Court Novo-Savinskiy District Court of Kazan, Supreme Court of the Tatarstan Republic More than 5   year(s) failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint     56373/21 28/10/2021 Roman Mikhaylovich UCHACHEV 1968     01/09/2017 and ongoing on the date when the application was lodged with the Court Babushkinskiy District Court of Moscow, Serpukhov Town Court of Moscow, Moscow Regional Court, First Appellate Court More than 5   year(s)   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; fragility of the reasons employed by the courts; collective detention orders     56933/21 25/10/2021 Ilya Mikhaylovich GLUSHKO 1984 Yevgeniy Vladimirovich Revyakin Leningradskaya 30/05/2021 and ongoing on the date when the application was lodged with the Court Kanevskiy District Court of Krasnodar Region, Krasnodar 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; 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     56986/21 25/10/2021 Anatoliy Anatolyevich KUZNETSOV 1975     16/12/2019 to 16/08/2021 Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court 1 year and 8 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 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. 3 - use of metal cages and/or other security arrangements in courtrooms - Tsentralnyy District Court of Krasnoyarsk, 18/12/2019 - 16/08/2021   57834/21* 09/11/2021 Denis Valeryevich SEMIN 1996 Aleksey Valentinovich Grigoryev Vyborg 10/05/2020 and ongoing on the date when the application was lodged with the Court Vyborg Town Court of the Leningrad Region, Leningrad Regional Court More than 2   year(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 Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Vyborg Town Court of the Leningrad Region, Leningrad Regional Court between 06/07/2020 and 16/09/2021   57894/21* 19/11/2021 Aleksandr Aleksandrovich BUTSIN 1976 Aleksandr Aleksandrovich Lebedev Moscow 10/03/2021 and ongoing on the date when the application was lodged with the Court 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; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; collective detention orders     57926/21* 05/11/2021 Aleksey Viktorovich YEGOROV 1982 Olga Viktorovna Golub Suzemka 08/09/2020 and ongoing on the date when the application was lodged with the Court Khoroshevskiy District Court of Moscow, Moscow City Court More than 2   year(s) collective detention orders; 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 – detention order by the Khoroshevskiy District Court of Moscow on 06/05/2021, appeal lodged on 12/05/2021, appeal decision by the Moscow City Court, on 07/06/2021 (26 days)   58567/21* 25/10/2021 Yevgeniy Aleksandrovich LARIONOV 1990     12/04/2018 and ongoing on the date when the application was lodged with the Court Ufimskiy District Court of Bashkortostan Republic, Vakhitovskiy District Court of Kazan, Supreme Court of Tatarstan Republic, Fourth Appellate Court More than 4   year(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; failure to conduct the proceedings with due diligence during the period of detention     Art. 5 (4) - excessive length of judicial review of detention – detention order by the Supreme Court of the Tatarstan Republic on 29/04/2021, appeal decision by the Fourth Appellate Court on 28/05/2021 (29 days)   58696/21* 17/11/2021 Artem Aleksandrovich ALATYREV 1994     29/07/2019 and ongoing on the date when the application was lodged with the Court Vakhitovsky District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appeal 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 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 – detention order by the Supreme Court of the Tatarstan Republic on 30/04/2021, appeal decision of the Fourth Appeal Court, on 28/05/2021 (28 days)   59090/21* 11/11/2021 Stanislav Aleksandrovich FEDORCHENKO 1986 Vladimir Yuryevich Kostyushev Moscow 10/04/2020 and ongoing on the date when the application was lodged with the Court Lefortovskiy District Court of Moscow, Moscow City 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; failure to conduct the proceedings with due diligence during the period of detention     60130/21* 22/11/2021 Madina Madibroyimovna ISLOMOVA 1984 Vladimir Nikolayevich Petropavlovskiy Lytkarino 31/08/2017 to 19/08/2021 Cheremushkinskiy District Court of Moscow, Moscow City Court 3 year(s) and 11 month(s) and 20   day(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; 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     60319/21 17/11/2021 Sergey Vladislavovich SHIN 1991     21/04/2018 and ongoing on the date when the application was lodged with the Court       Nizhnekamskiy Town Court, Supreme Court of the Republic of Tatarstan 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     60653/21* 24/11/2021 Dmitriy Igorevich ROSHCHUPKIN 1994 Vladimir Yuryevich Kostyushev Moscow 05/02/2019 and ongoing on the date when the application was lodged with the Court Dorogomilovskiy District Court of Moscow, Cheremushinskiy 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     61232/21 23/11/2021 Aleksey Vasilyevich BRIZHAN 1978 Artur Olegovich Speranskiy Moscow 28/08/2020 and ongoing on the date when the application was lodged with the Court Khamovnicheskiy District Court of Moscow; Presnenskiy District Court of Moscow; Moscow City 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; 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; collective detention orders     61490/21* 15/12/2021 Zamir Aytekovich BORSOV 1960 Levan Viktorochi Vardaya Moscow 26/02/2019 and ongoing on the date when the application was lodged with the Court Basmannyy District Court of Moscow, Preobrazhenskiy District Court of Moscow, Moscow City Court, Supreme Court More than 3   year(s)   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     129/22 29/11/2021 Ayrat Rustamovich GATAULLIN 1990     27/06/2019 and ongoing on the date when the application was lodged with the Court Vakhitovskiy District Court of Tatarstan, Supreme Court of Tatarstan, Fourth Appellate Court More than 3   year(s) 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; 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     846/22* 08/12/2021 Ilshat Ildusovich AKHMETYANOV 1991     22/05/2018 and ongoing on the date when the application was lodged with the Court Aktanyshskiy District Court of Tatarstan, Vakhitovskiy District Court of Kazan, Supreme Court of Tatarstan Republic, Fourth Appellate Court More than 4   year(s) failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint     942/22 17/12/2021 Nikolay Sergeyevich POPOV 1978     03/07/2020 and ongoing on the date when the application was lodged with the Court Tverskoy District 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; failure to assess the applicant’s personal situation reducing the risks of re ‑ offending, colluding or absconding     1545/22 14/12/2021 Maksim Yuryevich KOLOGREYEV 1986     07/10/2020 and ongoing on the date when the application was lodged with the Court Vakhitovskiy District Court of Kazan, Supreme Court of Tatarstan Republic More than 1   year(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; 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     1903/22 09/12/2021 Ramzan Zelimkhanovich ISRAILOV 1997 Dmitriy Sergeyevich Vorotyntsev Rostov-on-Don 11/08/2020 and ongoing on the date when the application was lodged with the Court         Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Third 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; failure to examine the possibility of applying other measures of restraint     3684/22 27/12/2021 Shamil Khavazhiyevich SADULAYEV 1995 Yelena Viktorovna Pestovskaya Rostov-on-Don 21/04/2021 and ongoing on the date when the application was lodged with the Court Leninskiy Distrisct Court of Rostov-on-Don, Rostov 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; 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     3894/22* 27/12/2021 Maksim Nikolayevich KHOKHLOV 1982     16/02/2019 and ongoing on the date when the application was lodged with the Court Verkhneuslonskiy District Court of the Tatarstan Republic, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic 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; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; fragility and repetitiveness of the reasoning employed by the courts as the case progressed Art. 5 (4) – lack of speedy review of the detention matters – detention order of the Verkhneuslonskiy District Court of the Tatarstan Republic of 03/06/2021, appeal decisioCitations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 4 mai 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-224956
Données disponibles
- Texte intégral
- Résumé officiel