LOBKOVSKIY AND OTHERS v. RUSSIA - 41907/20 (Article 5 - Right to liberty and security : Fifth Section Committee) [2024] ECHR 284 (04 April 2024)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> LOBKOVSKIY AND OTHERS v. RUSSIA - 41907/20 (Article 5 - Right to liberty and security : Fifth Section Committee) [2024] ECHR 284 (04 April 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/284.html
Cite as: [2024] ECHR 284

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FIFTH SECTION

CASE OF LOBKOVSKIY AND OTHERS v. RUSSIA

(Applications nos. 41907/20 and 60 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

4 April 2024

 

This judgment is final but it may be subject to editorial revision.


In the case of Lobkovskiy and Others v. Russia,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

 María Elósegui, President,
 Mattias Guyomar,
 Kateřina Šimáčková, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 14 March 2024,

Delivers the following judgment, which was adopted on that date:

PROCEDURE


1.  The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table.


2.  The Russian Government ("the Government") were given notice of the applications.

THE FACTS


3.  The list of applicants and the relevant details of the applications are set out in the appended table.


4.  The applicants complained of the excessive length of their pre-trial detention. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

  1. JOINDER OF THE APPLICATIONS


5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

  1. JURISDICTION


6.  The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68-73, 17 January 2023).

  1. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION


7.  The applicants complained principally that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention.


8.  The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Idalov v. Russia [GC], no. 5826/03, 22 May 2012; Kudła v. Poland [GC], no. 30210/96, § 110, ECHR 2000-XI; and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006-X, with further references).


9.  In the leading case of Dirdizov v. Russia, no. 41461/10, 27 November 2012, the Court already found a violation in respect of issues similar to those in the present case.


10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the applicants' pre-trial detention was excessive.


11.  These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention.

  1. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW


12.  Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Idalov v. Russia [GC], no. 5826/03, §§ 154-58, 22 May 2012, as regards lengthy review of detention matters; Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), concerning detention in a metal cage during court hearings; Korshunov v. Russia, no. 38971/06, 25 October 2007, related to the lack of an enforceable right to compensation for detention which has been found to be in violation of Article 5 § 3 of the Convention; Yaroslav Belousov v. Russia, nos. 2653/13 and 60980/14, §§ 123-28, 4 October 2016, where extreme overcrowding inside the glass cabin led the Court to the conclusion of a violation of Article 3 of the Convention; Andrey Smirnov v. Russia, no. 43149/10, §§ 35-57, 13 February 2018, as regards restrictions on family visits in pre-trial detention facilities; Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, as regards conditions of transport of detainees and lack of an effective domestic remedy in that respect; Chaldayev v. Russia, no. 33172/16, §§ 69-83, 28 May 2019, related to discriminatory treatment concerning family visits in pre-trial detention facilities; and Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect.


13.  In view of the above findings, the Court considers that there is no need to deal separately with the complaints under Article 13 of the Convention about the lack of effective domestic remedies relating to the use of metal cages and other security arrangements in the courtrooms and additional complaints lodged by some applicants under Article 5 § 4 of the Convention (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


14.  Regard being had to the documents in its possession and to its case-law (see, in particular, Pastukhov and Yelagin v. Russia, no. 55299/07, 19 December 2013), the Court considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
  3. Declares the applications admissible;
  4. Holds that these complaints disclose a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention;
  5. Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table);
  6. Holds that it is not necessary to examine separately the complaint raised under Article 13 of the Convention about the lack of domestic remedies relating to the use of metal cages and other security arrangements in the courtrooms and additional complaints raised by some of the applicants under Article 5 § 4 of the Convention;
  7. Holds

(a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 4 April 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina María Elósegui
 Acting Deputy Registrar President

 

 


APPENDIX

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

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros)[1]

  1.    

41907/20

11/01/2021

Aleksandr Sergeyevich LOBKOVSKIY

1981

 

 

16/04/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Sovetskiy District Court of Krasnoyarsk, Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court

2 year(s) and 5 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

 

2,600

  1.    

49670/20

16/02/2021

Dmitriy Mukhammadzhonovich KHAYDAROV

1976

 

 

19/06/2020

 -

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Kirovskiy District Court of Novosibirsk; Novosibirsk Regional Court

2 year(s) and 2 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; failure to examine the possibility of applying other measures of restraint

 

2,300

  1.    

1697/21

10/12/2020

Maksim Valeryevich CHUGUNOV

1982

Muravyev Oleg Sergeyevich

Moscow

25/09/2019

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Tverskoy District Court of Moscow, Moscow City Court, First Appellate Court

2 year(s) and 11 month(s) and 23 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

Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention

3,000

  1.    

3603/21

07/12/2020

Ziyafat Guseyn ogly PIRIYEV

1970

 

 

18/07/2017

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Kalininskiy District Court of St Petersburg, Moscovskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court

5 year(s) and 1 month(s) and 30 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

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in an overcrowded glass cabin in St Petersburg City Court (16/07/2018 - ongoing possibly as of 16/09/2022) with other co-defendants; with a very limited private space; lack of fresh air

9,750

  1.    

4103/21

30/12/2020

Vladislav Andreyevich KISELEV

1995

Sukhareva Tatyana Viktorovna

Moscow

03/07/2019

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Sovetskiy District Court of Nizhniy Novgorod, Nizhniy Novgorod Regional Court

3 year(s) and 2 month(s) and 14 day(s)

 

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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed

 

3,300

  1.    

4334/21

30/12/2020

Igor Vasilyevich AROKIN

1972

Kim Vyacheslav Spartakovich

Abakan

29/12/2016 to

28/09/2020

Abakan Town Court, Supreme Court of Republic of Khakasiya

3 year(s) and 9 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; collective detention orders; 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. 3 - use of metal cages and/or other security arrangements in courtrooms - Confinement in a metal cage during first-instance hearings. Numerous placements in a metal cage, the most recent being on 28/09/2020

9,750

  1.    

4532/21

29/12/2020

Anton Sergeyevich BATAYEV

1983

Savin Vyacheslav Vasilyevich

Stavropol

18/06/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Leninskiy Distrcit Court of Stavropol; Stavropol Regional Court

2 year(s) and 2 month(s) and 30 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice

 

2,300

  1.    

4538/21

21/12/2020

Sergey Aleksandrovich PROKHOROV

1987

Molokhov Aleksandr Vladimorovich

Moscow

22/07/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Babushkinskiy District Court of Moscow, Moscow City Court

2 year(s) and 1 month(s) and 26 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

 

2,200

  1.    

7307/21

29/12/2020

Sayd-Emin Khabilovich IBISHEV

1977

Ustyuzhaninov Dmitriy Aleksandrovich

St Petersburg

18/07/2017

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Sestroretskiy District Court of St Petersburg, Kalininskiy District Court of St Petersburg, Moskovkiy District Court of St Petersburg, St Petersburg City Court

5 year(s) and 1 month(s) and 30 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; 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 - Complaint about placement of the applicant in a glass cabin on numerous occasions during the proceedings in St Petersburg City Court concerning his detention orders (the period from 13/07/2018 - ongoing possibly as of 16/09/2022). The applicant alleges that one of his co-accused sick with COVID-19 was kept in the same glass cabin with the applicant and other co-accused

9,750

  1.  

7385/21

05/05/2021

Mikhail Yuryevich BASHAGUROV

1971

 

 

09/11/2016 to

17/12/2018

 

23/05/2019

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Sovetskiy District Court of Tomsk, Tomsk Regional Court

2 year(s) and 1 month(s) and 9 day(s)

 

3 year(s) and 3 month(s) and 25 day(s)

 

failure to examine the possibility of applying other measures of restraint; 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

 

5,000

  1.  

7746/21

29/01/2021

Vladimir Fedorovich KUPAVSKIY

1966

 

 

10/12/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Perm Garrison Military Court; Central Circuit Military Court

1 year(s) and 9 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

 

2,000

  1.  

7898/21

29/12/2020

Nver Arutyunovich OGANISYAN

1964

Ustyuzhaninov Dmitriy Aleksandrovich

St Petersburg

05/04/2018 to

27/08/2020

Moskovskiy District Court of St Petersburg,

St Petersburg City Court, Second Appellate Court

2 year(s) and 4 month(s) and 23 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; fragility of the reasons employed by the courts

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Complaint about placement of the applicant in a glass cabin on numerous occasions during the proceedings in St Petersburg City Court concerning his detention orders (the period from 03/04/2019 till 27/08/2020). The applicant alleges that one of his co-accused sick with COVID-19 was kept in the same glass cabin with the applicant and other co-accused.

9,750

  1.  

7968/21

29/12/2020

Murat Vakhayevich EZHAYEV

1986

Ustyuzhaninov Dmitriy Aleksandrovich

St Petersburg

05/04/2018

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Moskovskiy Disrtict Court of St Petersburg, St Petersburg City Court, Second Appellate Court

4 year(s) and 5 month(s) and 12 day(s)

 

fragility of the reasons employed by the courts; collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to 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. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a glass cabin on numerous occasions during the proceedings in St Petersburg City Court (the period from 03/04/2019 - ongoing possibly as of 16/09/2022).

The applicant alleges that one of the co-accused sick with COVID-19 was kept in the same glass cabin with the applicant and other co-accused

9,750

  1.  

9289/21

25/01/2021

Aglyam Kiyamovich SADRETDINOV

1951

Khaliullin Robert Nurgaleyevich

Kazan

16/07/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Sovetskiy District Court of Kazan, Supreme Court of the Tatarstan Republic

2 year(s) and 2 month(s) and 1 day(s)

 

fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant's personal situation reducing the risks of re-offending, colluding or absconding; 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 proceedings related to the preventive measure before the Sovetskiy District Court of Kazan from 17/07/2020 - ongoing possibly as of 16/09/2022

9,750

  1.  

10255/21

31/01/2021

Zhanna Nikolayevna IDILOVA

1979

Sukhareva Tatyana Viktorovna

Moscow

30/08/2018 to

02/08/2021

Babushkinskiy District Court of Moscow, Odintsovskiy Town Court of the Moscow Region, Moscow City Court

2 year(s) and 11 month(s) and 4 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; fragility of the reasons employed by the courts

 

3,000

  1.  

11527/21

03/02/2021

Andrey Aleksandovich GANYUSHIN

1979

 

 

04/05/2017 to

15/10/2020

 

09/04/2021

-

Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022

Volgograd Regional Court, Moscow City Court, First Appeal Court

3 year(s) and 5 month(s) and 12 day(s)

1 year(s) and 5 month(s) and 8 day(s)

 

failure to conduct the proceedings with due diligence during the period of detention; collective detention orders; failure to assess the applicant's personal situation reducing the risks of re-offending, colluding or absconding; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint

 

5,000

  1.  

11711/21

18/02/2021

Nikita Valeryevich LUKYANOV

1985

Pchelintseva Marina Vladimirovna

Moscow

27/03/2019

-

Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022

Preobrazhenskiy District Court of Moscow, Izmaylovskiy District Court of Moscow, Moscow City Court

3 year(s) and 5 month(s) and 21 day(s)

 

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts; failure to 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

 

3,600

  1.  

12193/21

10/02/2021

Andrey Mikhaylovich DAVYDENKO

1982

 

 

18/05/2017

-

Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022

Tverskoy District Court of Moscow, Perovskiy District Court of Moscow, Moscow City Court

5 year(s) and 3 month(s) and 30 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; collective detention orders

 

5,000

  1.  

12530/21

26/02/2021

Vitaliy Vasilyevich PONOMAREV

1959

Zimin Aleksandr Vladimirovich

St Petersburg

11/08/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Oktyabrskiy District Court of St Petersburg,

St Petersburg City Court

2 year(s) and 1 month(s) and 6 day(s)

 

failure to examine the possibility of applying other measures of restraint; 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

 

2,200

  1.  

12907/21

26/02/2021

Yerlan Yuryevich USAYEV

1996

Abdullayev Damir Rafaelevich

Astrakhan

30/08/2019

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Trusovskiy District Court of Astrakhan, Leninskiy District Court of Astrakhan, Astrakhan Regional Court

3 year(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; failure to conduct the proceedings with due diligence during the period of detention

 

3,100

  1.  

14883/21

16/02/2021

Aziyat Mikhaylovich ORUSTUK

1985

 

 

14/04/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Emelyanovskiy District Court of Krasnoyarsk Region, Krasnoyarsk Regional Court

2 year(s) and 5 month(s) and 3 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

 

2,600

  1.  

14903/21

17/02/2021

Aleksandr Nikolayevich VISHNYAKOV

1988

Dunin Andrey Aleksandrovich

Kozmodemyansk

11/11/2020

-

Pending on the date when the application was lodged

with the Court, and possibly as of 16/09/2022

Gornomariyskiy District Court of Mariy El Republic; Supreme Court of Mariy El Republic

1 year(s) and 10 month(s) and 6 day(s)

 

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

 

2,100

  1.  

15558/21

16/03/2021

Ilya Vladimirovich KUFMAN

1969

Kozinets Dmitriy Aleksandrovich

Moscow

02/09/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Zamoskvoretskiy District Court of Moscow; Moscow City Court

2 year(s) and 15 day(s)

 

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint; failure to assess the applicant's personal situation reducing the risks of re-offending, colluding or absconding

 

2,100

  1.  

15677/21

05/03/2021

Sergey Aleksandrovich BELOUSOV

1987

Artemova Tatyana Anatolyevna

Moscow

17/04/2019

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Moscow Garrison Military Court, Second Western Circuit Military Court, Appeal Military Court

3 year(s) and 5 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. 5 (4) - excessive length of judicial review of detention - detention order of the Second Western Circuit Military Court, on 01/10/2020, appeal decision by the Appeal Military Court, on 29/10/2020

4,000

  1.  

16293/21

19/03/2021

Akif Choban ogly BADALOV

1964

Yampolskaya Oksana Yuryevna

Moscow

07/05/2019

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Moskovskiy District Court of Cheboksary of the Chuvash Republic; Leninskiy District Court of Cheboksary; Shcherbinskiy District Court of Moscow; Moscow City Court

3 year(s) and 4 month(s) and 10 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 examine the possibility of applying other measures of restraint

 

3,500

  1.  

17831/21

18/03/2021

Dmitriy Viktorovich YAKUSHEV

1980

 

 

19/04/2017 to

27/07/2021

Leninskiy District Court of Krasnoyarsk; Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic

4 year(s) and 3 month(s) and 9 day(s)

 

collective detention orders; 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

 

4,400

  1.  

18064/21

12/03/2021

Anton Ivanovich STARK

1987

Varlakova Anna Vladimirovna

Yekaterinburg

01/12/2018

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Verkh-Isetskiy District Court of Yekaterinburg, Tverskoy Districty Court of Moscow, Moscow City Court, Sverdlovsk Regional Court, First Appellate Court

3 year(s) and 9 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 conduct the proceedings with due diligence during the period of detention

 

 

4,000

  1.  

18069/21

31/03/2021

Dilfuza Mamasharifovna CHUTBAYEVA

1971

Khlystov Dmitriy Mikhaylovich

Moscow

02/06/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Khoroshevskiy District Court of Moscow, Moscow City Court

2 year(s) and 3 month(s) and 15 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

 

2,400

  1.  

19201/21

22/03/2021

Aleksey Alekseyevich KHODYREV

1987

Ilyin Oleg Valentinovich

Moscow

26/02/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

 

 

Tverskoy District Court of Moscow, Moscow City Court

2 year(s) and 6 month(s) and 22 day(s)

 

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

 

2,700

  1.  

20375/21

14/04/2021

Sergey Aleksandrovich NEVSKIY

1966

Nasonov Sergey Aleksandrovich

Moscow

17/11/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Dorogomilovskiy District Court of Moscow, Moscow City Court

1 year(s) and 10 month(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; 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

 

2,000

  1.  

20541/21

29/03/2021

Ivan Valeryevich LYSOV

1991

Li Natalya Petrovna

St Petersburg

22/08/2019

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Kalininskiy District Court of St Petersburg, Kuybyshevskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court

3 year(s) and 26 day(s)

 

 

Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention

3,100

  1.  

21102/21

29/03/2021

Kirill Mikhaylovich LYNNIK

1994

 

 

14/02/2018

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

 

Sovetskiy Distrcit Court of Krasnoyarsk, Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court

4 year(s) and 7 month(s) and 3 day(s)

 

fragility of the reasons employed by the courts; collective detention orders; failure to examine the possibility of applying other measures of restraint

 

4,800

  1.  

24213/21

24/02/2021

Rustam Mukharamovich NAFIKOV

1994

 

 

19/04/2017 to

27/07/2021

Sverdlovskiy District Court of Krasnoyarsk; Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic

4 year(s) and 3 month(s) and 9 day(s)

 

collective detention orders; 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

 

4,400

  1.  

24229/21

24/02/2021

Nikolay Vladimirovich ISTOMIN

1994

 

 

16/04/2017 to

27/07/2021

Vakhitovskiy District Court of Kazan; Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic

4 year(s) and 3 month(s) and 12 day(s)

 

collective detention orders; 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

 

4,400

  1.  

24230/21

08/03/2021

Ilshat Ildarovich ORLOV

1988

 

 

18/02/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Vakhitovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic

2 year(s) and 6 month(s) and 30 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

 

2,700

  1.  

25740/21

30/04/2021

Sergey Petrovich KALININ

1963

Knyazkin Sergey Aleksandrovich

Moscow

03/11/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Moscow City Court, First Appellate Court

1 year(s) and 10 month(s) and 14 day(s)

 

fragility of the reasons employed by the courts; failure to conduct the proceedings with due diligence during the period of detention; collective detention orders; failure to assess the applicant's personal situation reducing the risks of re-offending, colluding or absconding; fragility and repetitiveness of the reasoning employed by the courts as the case progressed

 

2,100

  1.  

26274/21

21/04/2021

Pavel Nikolayevich PUSHKANOV

1985

 

 

20/04/2017 to

27/07/2021

Leninsky District Court of Krasnoyarsk, Novo-Savinovsky Distirct Court of Kazan, Supreme Court of Tatarstan Republic

4 year(s) and 3 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; collective detention orders

 

4,400

  1.  

26732/21

02/05/2021

Anatoliy Alekseyevich STEPANOV

1989

 

 

20/12/2017

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic

4 year(s) and 8 month(s) and 28 day(s)

 

failure to examine the possibility of applying other measures of restraint; 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

 

4,900

  1.  

28089/21

06/05/2021

Denis Aleksandrovich MARTYNIN

1994

 

 

21/09/2018

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Sovetskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court

3 year(s) and 11 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; failure to examine the possibility of applying other measures of restraint

 

4,000

  1.  

28607/21

14/05/2021

Aleksandr Mikhaylovich AKHMEDOV

1981

 

 

13/10/2019

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Naberezhnyye Chelny Town Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic

2 year(s) and 11 month(s) and 4 day(s)

 

fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant's personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint

 

3,000

  1.  

30589/21

15/05/2021

Rishat Eduardovich NIGMATZYANOV

1996

 

 

30/09/2018

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Almetyevsk Town Court of Tatarstan Republic, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court

3 year(s) and 11 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; failure to examine the possibility of applying other measures of restraint

Art. 5 (4) - excessive length of judicial review of detention - order - Supreme Court of Tatarstan Republic, 30/04/2021, appeal lodged on 04/05/2021; appeal decision by the Fourth Appellate Court, on 26/05/2021

4,500

  1.  

31474/21

28/05/2021

Guzer Valeryevich KHASHUKAYEV

1980

Speranskiy Artur Olegovich

Moscow

30/01/2019

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court

3 year(s) and 7 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; failure to examine the possibility of applying other measures of restraint; collective detention orders

 

3,800

  1.  

33430/21

03/06/2021

Lenar Gumarovich RAKHMATULLIN

1986

 

 

23/05/2019

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Zelenodolsk Town Court of the Tatarstan Republic, Pestrechinskiy District Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic, Fourth Appellate Court

3 year(s) and 3 month(s) and 25 day(s)

 

failure to assess the applicant's personal situation reducing the risks of re-offending, colluding or absconding; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts; collective detention orders

Art. 5 (4) - excessive length of judicial review of detention:

 

Supreme Court of the Tatarstan Republic, 15/12/2020, Fourth Appellate Court, 21/01/2021;

 

Supreme Court of the Tatarstan Republic, 18/01/2021, Fourth Appellate Court, 18/02/2021

3,900

  1.  

35298/21

30/06/2021

Anton Arkadyevich MOZGOVOY

1988

 

 

07/07/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Leninsky District Court of Krasnoyarsk, Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court

2 year(s) and 2 month(s) and 10 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

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - the applicant was kept in a cage on several occasions during the proceedings in the Zheleznodorozhnyy District Court of Krasnoyarsk, from 01/09/2020 to 28/04/2021

9,750

  1.  

35393/21

07/06/2021

Aleksey Aleksandrovich SAZONOV

1982

 

 

21/02/2017 to

27/07/2021

Novo-Savinovskiy District Court of Kazan, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic

4 year(s) and 5 month(s) and 7 day(s)

 

collective detention orders; 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; fragility of the reasons employed by the courts

 

 

4,600

  1.  

37883/21

13/07/2021

Igor Razmikovich MNATSAKANOV

1977

Savin Aleksandr Vasilyevich

Stavropol

12/02/2021

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Leninskiy District Court of Stavropol, Stavropol Regional Court, the Third Appellate Court

1 year(s) and 4 month(s) and 5 day(s)

 

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:

 

Stavropol Regional Court, 07/04/2022, appeal lodged on 09/04/2022, Third Appellate Court, 19/05/2022

2,000

  1.  

39065/21

29/07/2021

Vitaliy Vilayatovich MUSAYEV

1989

Anokhin Aleksandr Anatolyevich

Astrakhan

02/07/2020 to

07/10/2021

Nevskiy District Court of St Petersburg, St Petersburg City Court, Second Western Circuit Military Court, Appellate Military Court

1 year(s) and 3 month(s) and 6 day(s)

 

fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint; fragility and repetitiveness of the reasoning employed by the courts as the case progressed

Art. 5 (4) - excessive length of judicial review of detention - Second Western Circuit Military Court, 17/08/2021,

Appellate Military Court, 01/11/2021

1,800

  1.  

40912/21

30/07/2021

Anatoliy Nikolayevich RYKOV

1979

Strelkova Yuliya Vladimirovna

Moscow

17/10/2018

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court of General Jurisdiction, Supreme Court of the RF, Khamovnicheskiy District Court of Moscow

3 year(s) and 11 month(s)

 

fragility of the reasons employed by the courts; failure to assess the applicant's personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint

Art. 5 (4) - excessive length of judicial review of detention:

 

Supreme Court of Russia, 29/12/2020, Supreme Court of Russia sitting as an appellate court, 18/02/2021;

 

Khamovnicheskiy District Court of Moscow, 31/03/2021, Moscow City Court, 11/05/2021,

 

Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - SIZO-5 Moscow; refusals on the ground to preserve the confidentiality of investigation; no communication with relatives

5,300

  1.  

43578/21

01/12/2021

Aleksandr Vladimirovich BELOV

1982

Ovchynnykov Oleksandr

Strasbourg

26/08/2019

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Sovetskiy District Court of Krasnoyarsk, Centralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Appeal Court

3 year(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 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:

 

Sovetskiy District Court of Krasnoyarsk, 09/03/2021, Krasnoyarsk Regional Court, 09/06/2021;

 

Sovetskiy District Court of Krasnoyarsk, 20/05/2021, Krasnoyarsk Regional Court, 07/09/2021;

 

Sovetskiy District Court of Krasnoyarsk, 08/09/2021, Krasnoyarsk Regional Court, 19/10/2021;

 

Sovetskiy District Court of Krasnoyarsk, 01/12/2021, Krasnoyarsk Regional Court, 08/02/2022,

 

Art. 8 (1) - restrictions on family visits in pre-trial facilities - SIZO-1 Krasnoyarsk, 26/08/2019 - pending: physical separation and supervision during short-term family visits with the applicant's wife, refusals of long-term family visits,

 

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

4,600

  1.  

44954/21

23/08/2021

Yevgeniy Aleksandrovich GURTYAKOV

1984

Golubenko Andrey Yevgenyevich

Nea Skiony

22/03/2018

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Kirovskiy District Court of Tomsk, Oktyabrskiy District Court of Tomsk, Tomsk Regional Court

4 year(s) and 5 month(s) and 26 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kirovskiy District Court of Tomsk, Oktyabrskiy District Court of Tomsk, Tomsk Regional Court, 22/03/2018 - ongoing possibly as of 16/09/2022,

 

Art. 3 - inadequate conditions of detention during transport - van; 0.2-0.3 sq. m per inmate; 22/03/2018-23/07/2021; overcrowding, applicant transported on numerous occasions, inadequate temperature, no or restricted access to toilet, no or restricted access to potable water,

 

Art. 5 (4) - excessive length of judicial review of detention

 

Oktyabrskiy District Court of Tomsk, 04/02/2021, Tomsk Regional Court, 19/04/2021;

 

Oktyabrskiy District Court, 30/04/2021, Tomsk Regional Court, 07/06/2021,

 

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Tomsk Region, 20/09/2018-23/07/2021, opposite-sex operators, video surveillance in a lavatory and/or shower room,

 

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and permanent video surveillance of detainees in pre-trial detention facilities

9,750

  1.  

46205/21

23/08/2021

Yelena Vladimirovna TROFIMOVA

1995

 

 

27/04/2018 to

13/10/2021

Vahitovskiy District Court of Kazan, Supreme Court of Tatarstan Republic, the Fourth Appellate Court of General Jurisdiction

3 year(s) and 5 month(s) and 17 day(s)

 

fragility of the reasons employed by the courts; 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 28/04/2021, appeal decision by the Fourth Appellate Court on 11/06/2021

4,100

  1.  

53915/21

19/10/2021

Aleksandr Sergeyevich FEDERYAKOV

1984

Borkov Aleksandr Aleksandrovich

Moscow

31/03/2021

 -

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Presnenskiy District Court of Moscow, Moscow City Court

1 year(s) and 5 month(s) and 17 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

 

1,600

  1.  

56836/21

24/10/2021

Pavel Sergeyevich YASTREBOV

1979

 

 

17/06/2020

 -

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Nevskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court

2 year(s) and 3 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; 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 St Petersburg City Court on 15/06/2021, appeal of 16/06/2021, appeal decision by the Second Appellate Court on 08/07/2021;

 

Detention order by the St Petersburg City Court on 25/08/2021, appeal of 26/08/2021, appeal decision by the Second Appellate Court on 23/09/2021

2,800

  1.  

57704/21

14/01/2022

Vladimir Gennadyevich KUZNETSOV

1982

 

 

09/09/2021

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Kirovskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court

1 year(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 examine the possibility of applying other measures of restraint

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kirovskiy District Court of Krasnoyarsk, 09/09/2021 - ongoing possibly as of 16/09/2022

9,750

  1.  

58753/21

26/10/2021

Aleksey Viktorovich VLASENKO

1965

Shurpik Igor Stanislavovich

Moscow

16/03/2021

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Basmannyy District Court of Moscow, Meshchanskiy District Court of Moscow, Moscow City Court

1 year(s) and 6 month(s) and 1 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; fragility of the reasons employed by the courts

 

1,700

  1.  

622/22

16/12/2021

Nikolay Aleksandrovich SHUKHOV

1976

Yashchenko Taras Valeryevich

Moscow

10/07/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court

2 year(s) and 2 month(s) and 7 day(s)

 

failure to examine the possibility of applying other measures of restraint; fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant's personal situation reducing the risks of re-offending, colluding or absconding

Art. 5 (4) - excessive length of judicial review of detention - Basmannyy District Court of Moscow on 07/06/2021, appeal lodged on 09/06/2021, appeal decision by the Moscow City Court on 01/09/2021,

 

Art. 8 (1) - restrictions on family visits in pre-trial facilities - Refusal on 25/03/2022 of long-term family visits (Resin v. Russia (no. 9348/14, §§ 39 41, 18 December 2018)

4,550

  1.  

3178/22

09/01/2022

Ketevan Guramovna KHARAIDZE

1958

Yashchenko Valentina Viktorovna

Krasnogorsk

19/06/2021

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Khamovnicheskiy District Court of Moscow, Tverskoy District Court of Moscow, Moscow City Court

1 year(s) and 2 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; 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 Khamovnicheskiy District Court of Moscow on 11/08/2021, appeal decision by the Moscow City Court on 13/09/2021;

 

Detention order of the Khamovnicheskiy District Court of Moscow on 13/09/2021, appeal decision by the Moscow City Court on 13/10/2021;

 

Detention order by the Tverskoy District Court of Moscow on 11/11/2021,

appeal decision by the Moscow City Court on 28/02/2022,

 

Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention

1,700

  1.  

4940/22

18/12/2021

Yuriy Mikhaylovich KHOVANSKIY

1990

Peredruk Aleksandr Dmitriyevich

St Petersburg

08/06/2021 to

29/12/2021

Dzerzhinskiy District Court of St Petersburg, Kuybyshevskiy District Court of St Petersburg, St Petersburg City Court

6 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; failure to conduct the proceedings with due diligence during the period of detention

Art. 5 (4) - excessive length of judicial review of detention:

 

Dzerzhinskiy District Court of St Petersburg, 10/06/2021, appeal lodged on 22/06/2021, appeal decision by the St Petersburg City Court on 14/07/2021;

 

Kuybyshevskiy District Court of St Petersburg on 06/08/2021, appeal lodged on 09/08/2021, appeal decision by the St Petersburg City Court on 08/09/2021;

 

Kuybyshevskiy District Court, 07/09/2021, appeal lodged on 08/09/2021, appeal decision by the St Petersburg City Court on 13/10/2021;

 

Kuybyshevskiy District Court, 06/10/2021, appeal lodged on 11/10/2021, appeal decision by the St Petersburg City Court on 10/11/2021;

 

Kuybyshevskiy District Court, 03/11/2021, appeal lodged on 09/11/2021, appeal decision by the St Petersburg City Court on 22/12/2021

1,300

  1.  

6118/22

27/12/2021

Yevgeniy Sergeyevich KOZACHENKO

1979

 

 

10/06/2020

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Primorskiy District Court of St Petersburg; Kuybyshevskiy District Court of St Petersburg; St Petersburg City Court; Second Appellate Court

2 year(s) and 3 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; failure to examine the possibility of applying other measures of restraint

Art. 5 (4) - excessive length of judicial review of detention - St Petersburg City Court, 11/10/2021, appeal lodged on 14/10/2021, appeal decision by the Second Appellate Court on 17/11/2021

2,900

  1.  

6490/22

20/12/2021

Sergey Valeryevich AGAPOV

1983

 

 

16/02/2021 -

Pending on the date when the application was lodged

with the Court, and

possibly as of 16/09/2022

Kuibyshevsky District Court St Petersburg,

St Petersburg City Court

1 year(s) and 7 month(s) and 1 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; fragility of the reasons employed by the courts

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Detention in a metal cage during the court hearings since 16/02/2021 - ongoing possibly as of 16/09/2022,

 

Art. 5 (4) - excessive length of judicial review of detention:

 

Kuybyshevskiy District Court of St Petersburg, 14/04/2021, appeal decision by the St Petersburg City Court, on 21/07/2021,

 

Kuybyshevskiy District Court, 15/07/2021, appeal decision by the St Petersburg City Court on 06/10/2021

9,750

  1.  

6751/22

27/01/2022

Sergey Yevgenyevich MESHALKIN

1989

 

 

30/05/2019

-

Pending on the date when the application was lodged with the Court, and

possibly as of 16/09/2022

Tverskoy District Court of Moscow, Moscow City Court, 1-st Court of Appeal, Kuntsevskiy District Court of Moscow

3 year(s) and 3 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 examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant's placement in a metal cage during the hearings in the Kuntsevskiy District Court of Moscow on 20/10/2021, 17/05/2022, 30/05/2022, 15/07/2022 and in the Moscow City Court on 10/08/2021 and 14/12/2021,

 

Art. 5 (4) - excessive length of judicial review of detention:

 

Kuntsevskiy District Court of Moscow, 15/06/2021, appeal decision by the Moscow City Court on 10/08/2021,

 

Kuntsevskiy District Court, 20/10/2021, appeal decision by the Moscow City Court on 14/12/2021,

 

Kuntsevskiy District Court, 21/03/2022, appeal decision by the Moscow City Court on 17/05/2022,

 

Kuntsevskiy District Court, 30/05/2022, appeal decision by the Moscow City Court on 15/07/2022

9,750

 

 


[1] Plus any tax that may be chargeable to the applicants.


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