CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 juin 2023
- ECLI
- ECLI:CEDH:001-225606
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- 1 juin 2023
- Publication
- 1 juin 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 26 June 2023   FOURTH SECTION Application no.   2282/21 Rinat Kurbangaliyevich SHAYDULLIN against Russia and 24 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 1 June 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     2282/21* 04/12/2020 Rinat Kurbangaliyevich SHAYDULLIN 1975 Nikolay Sergeyevich Zboroshenko Mytishchi 21/06/2018 to 14/08/2020 Dmitrov Town Court of the Moscow Region; Moscow Regional Court 2 year(s) and 1   month(s) and 25   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; failure to conduct the proceedings with due diligence during the period of detention       14287/21 18/02/2021 Sergey Fedorovich RUBEZHNOY 1974 Vladimir Vladimirovich Koshev Stavropol 26/06/2018 - Pending on the date when the application was lodged with the Court Leninskiy District Court of Stavropol, Stavropol Regional Court, Third Appellate Court More than 4 year(s) and 9 month(s) and 5 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. 3 - use of metal cages and/or other security arrangements in courtrooms - On 14/08/2020 - 27/10/2020, Leninskiy District Court of Stavropol; 22/01/2021 - pending on the date when the application was lodged with the Court Stavropol Regional Court,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Stavropol, 16/06/2018 - pending on the date when the application was lodged with the Court, opposite-sex operators, video surveillance in a lavatory and/or shower room, detention in different cells with video surveillance,   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 permanent video surveillance           30020/21* 11/06/2021 Magomed Gadzhiyevich MAGOMEDOV 1967 Mikhail Aleksandrovich Osherov Moscow 30/03/2018 - pending on the date when the application was lodged with the Court Tverskoy District Court of Moscow, Basmannyy District Court of Moscow, Meschanskiy District Court of Moscow, Moscow City Court, First Appeal Court More than 5 year(s) and 2 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 examine the possibility of applying other measures of restraint Art. 5 (4) - excessive length of judicial review of detention - Meshchanskiy District Court of Moscow, 29/04/2021, appeal lodged on 04/05/2021, Moscow City Court, 16/07/2021, 1 month and 12   days     31358/21* 16/05/2021 Aleksandr Alekseyevich SAMOYLOV 1960 Irina Aleksandrovna Suslova Vyborg 15/07/2019 to 30/03/2021 Leningrad Regional Court, Priozerskiy Town Court of the Leningrad Region 1 year(s) and 8   month(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 conduct the proceedings with due diligence during the period of detention Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during the hearings in the Priozerskiy District Court of the Leningrad Region, 04/04/2018 - 30/03/2021     37778/21 14/07/2021 Pavel Aleksandrovich CHEPURKIN 1979   Aleksey Leonidovich DOROSHENKO 1984   Yevgeniy Vladimirovich KAGANOVSKIY 1981   Andrey Valerianovich SHISHKOV 1985 Lina Fedorovna Motchenko Nevinnomyssk 15/05/2014 to 20/01/2021     19/05/2014 to 20/01/2021     08/12/2014 to 20/01/2021     05/02/2015 to 20/01/2021 Nevinnomyssk Town Court of Stavropol Region; Stavropol Regional Court 6 year(s) and 8 month(s) and 6 day(s)   6 year(s), 8 month(s) and 5 day(s)     6 year(s), 1 month(s) and 14 day(s)     5 year(s), 11 month(s) and 16 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 examine the possibility of applying other measures of restraint       55567/21* 30/10/2021 Maksim Viktorovich TARKHANOV 1978     17/02/2021 - pending on the date when the application was lodged with the Court Basmanniy District Court of Moscow, Moscow City Court More than 2 year(s) and 1 month(s) and 18 day(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; 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 - Moscow City Court, 07/06/2021; the applicant’s placement in metal cage and glass cabin during the hearings before the Basmanniy District Court of Moscow and the Moscow City Court on multiple occasions in the period from 18/02/2021 to 13/07/2022,   Art. 13 - lack of an effective remedy against refusals of short-term family visits and in respect of placement in a metal cage during court hearings, Art. 5 (4) - excessive length of judicial review of detention - Basmanniy District Court of Moscow, 14/04/2021, Moscow City Court, 07/06/2021, 1 month and 23 days; Basmanniy District Court of Moscow, 15/07/2021, appeal lodged on 18/07/2021, Moscow City Court, 01/09/2021, 1 month and 14 days,   Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention,   Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - lack of family visits in SIZO     2999/22* 15/12/2021 Ruslan Mikhaylovich ARASHUKOV 1986 Valeriy Vladimirovich Shukhardin Moscow 30/01/2019 - pending on the date when the application was lodged with the Court Basmannyy District Court of Moscow, Moscow City Court, Cherkessk Town Court of the Karachay-Cherkessia Republic, Supreme Court of the Karachay-Cherkessia Republic, Peobrazhenskiy District Court of Moscow More than 4 year(s) and 2 month(s)   fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint       3482/22* 15/12/2021 Viktor Valeryevich BELEVTSOV 1978 Olga Valentovna Nyamina Moskva 29/09/2018 - pending on the date when the application was lodged with the Court Basmanyy District Court of Moscow, Presnenskiy District Court of Moscow, Moscow City Court, First Appellate Court More than 4 year(s) and 6 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed       Art. 5 (4) - excessive length of judicial review of detention - Presnenskiy District Court of Moscow, 13/10/2021, Moscow City Court, 24/11/2021, 1 month and 11 days     3618/22* 13/12/2021 Roman Aleksandrovich MALKOV 1979 Yekaterina Vladimirovna Antonova Leningrad 22/01/2020 - pending on the date when the application was lodged with the Court Kolpinskiy District Court of St   Petersburg, Pushkinskiy District Court of St   Petersburg, St   Petersburg City Court More than 3 year(s) and 2 month(s) and 6 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 conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint Art. 5 (4) - excessive length of judicial review of detention - Pushkinskiy District Court, 17/05/2021, appeal lodged on 26/05/2021, St   Petersburg City Court, 27/07/2021; 2 months and 1 day; Pushkinskiy District Court, 28/07/2021, appeal lodged on 02/08/2021, St   Petersburg City Court, 12/10/2021,   2 months and 10 days; Kolpinskiy District Court, 11/08/2021, appeal lodged on 16/08/2021, St   Petersburg City Court, 22/09/2021, 1 month and 6 days   3732/22* 27/12/2021 Eduard Mullanurovich MUKHAMETZYANOV 1983     13/08/2018 to 27/08/2020   11/08/2021 - pending on the date when the application was lodged with the Court Sovetskiy District Court of Kazan, Supreme Court of the Tatarstan Republic 2 year(s) and 15   day(s)   More than 1 year(s) and 7 month(s) and 27 day(s)   fragility of the reasons employed by the courts; failure to conduct the proceedings with due diligence during the period of detention; 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     4015/22 16/12/2021 Sergey Aleksandrovich OVECHKIN 1980     12/12/2019 - pending on the date when the application was lodged with the Court Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, Sverdlovskiy District Court of Krasnoyarsk More than 3 year(s) and 3 month(s) and 26 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 (4) - excessive length of judicial review of detention - Sverdlovskiy District Court of Krasnoyarsk, 05/10/2021, appeal lodged on 08/10/2021, Krasnoyarsk Regional Court, 11/11/2021, 1 month and 4 days; Sverdlovskiy District Court, 29/12/2021, Krasnoyarsk Regional Court, 01/02/2022, 1 month and 4 days,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Sverdlovskiy District Court of Krasnoyarsk, 07/02/2020 - 05/10/2021,   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings   4040/22* 27/12/2021 Ivan Sergeyevich SAMOKHVALOV 1987 Irina Vladimirovna Dorzhizhapova Chita 19/07/2019 - pending on the date when the application was lodged with the Court Tsentralnyy District Court of Chita, Zabaykalye Regional Court, Fifth Appellate Court More than 3 year(s) and 8 month(s) and 19 day(s)   collective detention orders; failure to examine the possibility of applying other measures of restraint; 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 examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial     4076/22* 29/12/2021 Maksim Vitalyevich TISHCHENKO 1993     22/09/2018 - pending on the date when the application was lodged with the Court Tsentralnyy District Court of Sochi, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court More than 4 year(s) and 6 month(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 conduct the proceedings with due diligence during the period of detention; fragility and repetitiveness of the reasoning employed by the courts as the case progressed Art. 5 (4) - excessive length of judicial review of detention - Supreme Court of the Tatarstan Republic, 28/06/2021, Fourth Appellate Court, 21/07/2021, 23 days; Supreme Court of the Tatarstan Republic, 02/09/2021, Fourth Appellate Court, 22/09/2021, 20 days   4131/22 27/12/2021 Yevgeniy Yevgenyevich YEVSIKOV 1990     24/04/2018 - pending on the date when the application was lodged with the Court Supreme Court of the Tatarstan Republic, Fourth Appellate Court More than 4 year(s) and 11 month(s) and 14 day(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     4787/22 29/12/2021 Vyacheslav Olegovich VYSOTSKIY 1998 Yuriy Nikolayevich Logvinov Rostov-on-Don 20/11/2020 - pending on the date when the application was lodged with the Court Leninskiy District Court of Rostov-on-Don, Voroshilovskiy District Court of Rostov-on-Don, Rostov Regional Court More than 2 year(s) and 4 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 examine the possibility of applying other measures of restraint Art. 5 (4) - excessive length of judicial review of detention - Voroshilovskiy District Court of Rostov-on-Don, 10/11/2021, appeal lodged on 13/11/2021, Rostov Regional Court 09/12/2021, 26 days   4921/22 15/12/2021 Grigoriy Nikolayevich VARYGIN 1995 Vitaliy Sergeyevich Gurenko Krasnoyarsk 30/01/2019 - pending on the date when the application was lodged with the Court Pirovskiy District Court of Krasnoyarsk Region, Lesosibirskiy District Court of Krasnoyarsk Region, Krasnoayrsk Regional Court More than 4 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; failure to examine the possibility of applying other measures of restraint Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during the hearings extending the applicant’s pre-trial detention in the Pirovskiy District Court of the Krasnoyarsk Region, the Lesosibirskiy District Court of the Krasnoyarsk Region, starting from 04/03/2019 and pending on the date when the application was lodged with the Court   5680/22 24/12/2021 Tatyana Alekseyevna ZORINA 1984     20/07/2020 - pending on the date when the application was lodged with the Court Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court More than 2 year(s) and 8 month(s) and 18 day(s)   use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility of applying other measures of restraint     5768/22 01/12/2021 Yuriy Yuryevich KONOPLEV 1973     08/08/2019 to 13/08/2021 Kozulskiy District Court of the Krasnoyarsk Region, Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court 2 year(s) and 6 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. 3 - use of metal cages and/or other security arrangements in courtrooms - during the court hearings in Zheleznodorozhnyy District Court of Krasnoyarsk, 06/11/2019 - 09/06/2021   5990/22 10/01/2022 Ruslan Nikolayevich MALAYDAKH 1992     22/10/2020 - pending on the date when the application was lodged with the Court Supreme Court of the Tatarstan Republic More than 2 year(s) and 5 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 conduct the proceedings with due diligence during the period of detention; fragility and repetitiveness of the reasoning employed by the courts as the case progressed     6099/22* 08/01/2022 Dmitriy Vladimirovich NOVIKOV 1972 Andrey Vasilyevich Sabinin Stavropol 07/06/2021 - pending on the date when the application was lodged with the Court Leninskiy District Court of Novorossiysk, Stavropol Regional Court More than 1 year(s) and 10 month(s) fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placed into a metal cage during the court hearing on 23/08/2021,   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings,   Art. 5 (4) - excessive length of judicial review of detention - Leninskiy District Court of Novorossiysk, 07/06/2021, appeal lodged on 10/06/2021, Stavropol Regional Court, 23/08/2021, 2 months and 13 days   6881/22 19/01/2022 Dmitriy Vladimirovich CHERTOK 1972 Natalya Aleksandrovna Nechiporenko Moscow 08/07/2021 - pending on the date when the application was lodged with the Court Meshchanskiy District Court of Moscow, Moscow City Court, Dorogomilovskiy District Court of Moscow, First Appellate Court More than 1 year(s) and 8 month(s) and 30 day(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; failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts Art. 5 (4) - lack of speediness of review of the applicant’s detention: Dorogomilovskiy District Court of Moscow, 06/09/2021, appeal lodged on 08/09/2021, Moscow City Court, 07/10/2021, 29 days; Moscow City Court, 15/10/2021, appeal lodged on 18/10/2021, First Appellate Court, 18/11/2021, 31 days; Moscow City Court, 17/11/2021, appeal lodged on 18/11/2021, First Appellate Court, 14/12/2021, 26 days,   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - from the moment the applicant was extradited to Russia from Hungary on 08/07/2021 and until 15/10/2021 when the Moscow City Court adopted its decision on pre-trial detention, he was in pre-trial detention without proper order (see Kalinichenko v. Russia , no. 40834/11, paras. 75-78, 9 July 2019)   7422/22* 22/01/2022 Aleksandr Pavlovich KUZIN 1982     05/08/2020 - pending on the date when the application was lodged with the Court Yakutsk Town Court of the Sakha Republic, Supreme Court of the Sakha Republic More than 2 year(s) and 8 month(s) and 2 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 Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - Impossibility to have a private consultation with counsel via a video-link during the appellate hearing at the Supreme Court of the Sakha Republic on 22/10/2021 (see Khodokovskiy v. Russia , no. 5829/04, paras. 230-233,   31 May 2011),   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during court hearings in the Yakutsk Town Court of the Sakha Republic 02/10/2020-22/12/2021 Video link from SIZO-1 Sakha Republic 23/10/2020 - 22/10/2021,   Art. 3 - inadequate conditions of detention during transport - 07/08/2020-17/01/2022; by van, 0.2 sq. m per person, overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light,   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings   8450/22* 23/01/2022 Dmitriy Viktorovich KULAGA 1978     02/04/2014 to 24/12/2020   22/06/2021 - pending on the date when the application was lodged with the Court Divnogorskiy Town Court of the Krasnoyarsk Region, Krasnoyarsk Regional Court 6 year(s) and 8   month(s) and 23   day(s)   More than 1 year(s) and 9 month(s) and 16 day(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; 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     8961/22* 28/12/2021 Eldar Valeryevich GARIPOV 1995 Igor Yuryevich Skachko St Petersburg 11/02/2021 - pending on the date when the application was lodged with the Court Leninskiy District Court of St   Petersburg, St   Petersburg City Court More than 2 year(s) and 1 month(s) and 27 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 (4) - excessive length of judicial review of detention - Leninskiy District Court, 02/06/2021, appeal lodged on 07/06/2021, St Petersburg City Court, 01/07/2021, 24 days; Leninskiy District Court of St Petersburg, 30/08/2021, appeal lodged on 02/09/2021, St Petersburg City Court, 21/10/2021, 1 month and   18 days; Leninskiy District Court of St   Petersburg, 28/06/2021, appeal lodged on 29/06/2021, St Petersburg City Court, 22/07/2021, 23 days; Leninskiy District Court of St   Petersburg, 30/07/2021, appeal lodged on 02/08/2021, St Petersburg City Court, 19/08/2021, 17 days; Leninskiy District Court of St Petersburg, 10/08/2021, appeal lodged on 17/08/2021, St Petersburg City Court, 16/09/2021, 30 days; Leninskiy District Court of St Petersburg, 30/08/2021, appeal lodged on 02/09/2021, St Petersburg City Court, 21/10/2021, 1 month and 18 days; Leninskiy District Court of St Petersburg, 10/11/2021, appeal lodged on 15/11/2021, appeal proceedings were pending on the date when the application was lodged with the Court   10983/22 02/02/2022 Danis Rustemovich AKHMADEYEV 1992     23/06/2020 - pending on the date when the application was lodged with the Court Privolzhskiy District Court of Kazan, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court More than 2 year(s) and 9 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; failure to examine the possibility of applying other measures of restraint    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 1 juin 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-225606
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- Texte intégral
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