41907/20;49670/20;1697/21;3603/21;4103/21;4334/21;4532/21;4538/21;7307/21;7385/21;7746/21;7898/21;7968/21;9289/21;10255/21;11527/21;11711/21;12193/21;12530/21;12907/21;14883/21;14903/21;15558/21;15677/21;16293/21;17831/21;18064/21;18069/21;19201/21;20375/21;20541/21;21102/21;24213/21;24229/21;24230/21;25740/21;26274/21;26732/21;28089/21;28607/21;30589/21;31474/21;33430/21;35298/21;35393/21;37883/21;39065/21;40912/21;43578/21;44954/21;46205/21;53915/21;56836/21;57704/21;58753/21;622/22;3178/22;4940/22;6118/22;6490/22;6751/22
WyrokETPCz2024-04-04ECLI:CE:ECHR:2024:0404JUD004190720
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy nadmierna długość tymczasowego aresztowania naruszyła prawo do wolności i bezpieczeństwa osobistego, w szczególności prawo do rozpoznania sprawy w rozsądnym terminie lub zwolnienia z aresztu, zgodnie z art. 5 ust. 3 Konwencji? Czy inne warunki detencji (np. klatki metalowe, przeludnienie, ograniczenia wizyt) oraz brak skutecznych środków odwoławczych naruszyły odpowiednie artykuły Konwencji?Ratio decidendi
Trybunał stwierdził, że długość tymczasowego aresztowania skarżących była nadmierna, opierając się na swojej ugruntowanej linii orzeczniczej dotyczącej art. 5 ust. 3 Konwencji. Uznał, że sądy krajowe nie przedstawiły wystarczających i odpowiednich powodów dla dalszego aresztowania, często opierając się na domniemaniach ryzyka ucieczki lub utrudniania wymiaru sprawiedliwości, bez oceny indywidualnej sytuacji skarżących lub rozważenia alternatywnych środków. Trybunał uznał również, że inne skargi, takie jak warunki detencji (np. klatki metalowe, przeludnione szklane kabiny, nieodpowiednie warunki transportu, ograniczenia wizyt rodzinnych, stały nadzór wideo) oraz brak skutecznych środków odwoławczych, również ujawniły naruszenia Konwencji, odwołując się do swojej ugruntowanej praktyki w tych kwestiach.Stan faktyczny
Skarżący, obywatele Rosji, byli objęci długotrwałym aresztem tymczasowym. Skarżyli się na nadmierną długość tego aresztowania, a także na inne kwestie, takie jak warunki detencji (np. umieszczanie w metalowych klatkach lub szklanych kabinach podczas rozpraw, przeludnienie, ograniczenia wizyt rodzinnych, stały nadzór wideo) oraz brak skutecznych środków odwoławczych w odniesieniu do tych naruszeń. Fakty, na których oparto skargi, miały miejsce przed 16 września 2022 r., czyli przed datą, kiedy Federacja Rosyjska przestała być stroną Konwencji.Rozstrzygnięcie
Trybunał jednogłośnie: łączy skargi; stwierdza, że ma jurysdykcję do rozpatrzenia skarg; uznaje skargi za dopuszczalne; stwierdza naruszenie art. 5 § 3 Konwencji w związku z nadmierną długością aresztu tymczasowego; stwierdza naruszenie Konwencji w odniesieniu do innych skarg podniesionych na podstawie ugruntowanej linii orzeczniczej Trybunału (szczegóły w załączonej tabeli); uznaje, że nie ma potrzeby odrębnego badania skargi na podstawie art. 13 Konwencji dotyczącej braku krajowych środków odwoławczych w związku z użyciem metalowych klatek i innych rozwiązań bezpieczeństwa w salach sądowych oraz dodatkowych skarg niektórych skarżących na podstawie art. 5 § 4 Konwencji; zasądza od pozwanego państwa na rzecz skarżących kwoty wskazane w załączonej tabeli tytułem zadośćuczynienia, płatne w ciągu trzech miesięcy, wraz z odsetkami.Pełny tekst orzeczenia
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
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.
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).
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.
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).
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,
Decides to join the applications;
Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
Declares the applications admissible;
Holds that these complaints disclose a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention;
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);
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;
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]
41907/20
11/01/2021
Aleksandr Sergeyevich LOBKOVSKIY
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
49670/20
16/02/2021
Dmitriy Mukhammadzhonovich KHAYDAROV
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
1697/21
10/12/2020
Maksim Valeryevich CHUGUNOV 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
3603/21
07/12/2020
Ziyafat Guseyn ogly PIRIYEV
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
4103/21
30/12/2020
Vladislav Andreyevich KISELEV 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
4334/21
30/12/2020
Igor Vasilyevich AROKIN 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
4532/21
29/12/2020
Anton Sergeyevich BATAYEV 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
4538/21
21/12/2020
Sergey Aleksandrovich PROKHOROV 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
7307/21
29/12/2020
Sayd-Emin Khabilovich IBISHEV 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
7385/21
05/05/2021
Mikhail Yuryevich BASHAGUROV
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
7746/21
29/01/2021
Vladimir Fedorovich KUPAVSKIY
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
7898/21
29/12/2020
Nver Arutyunovich OGANISYAN 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
7968/21
29/12/2020
Murat Vakhayevich EZHAYEV 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
9289/21
25/01/2021
Aglyam Kiyamovich SADRETDINOV 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
10255/21
31/01/2021
Zhanna Nikolayevna IDILOVA 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
11527/21
03/02/2021
Andrey Aleksandovich GANYUSHIN
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
11711/21
18/02/2021
Nikita Valeryevich LUKYANOV 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
12193/21
10/02/2021
Andrey Mikhaylovich DAVYDENKO
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
12530/21
26/02/2021
Vitaliy Vasilyevich PONOMAREV 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
12907/21
26/02/2021
Yerlan Yuryevich USAYEV 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
14883/21
16/02/2021
Aziyat Mikhaylovich ORUSTUK
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
14903/21
17/02/2021
Aleksandr Nikolayevich VISHNYAKOV 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
15558/21
16/03/2021
Ilya Vladimirovich KUFMAN 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
15677/21
05/03/2021
Sergey Aleksandrovich BELOUSOV 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
16293/21
19/03/2021
Akif Choban ogly BADALOV 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
17831/21
18/03/2021
Dmitriy Viktorovich YAKUSHEV
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
18064/21
12/03/2021
Anton Ivanovich STARK 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
18069/21
31/03/2021
Dilfuza Mamasharifovna CHUTBAYEVA 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
19201/21
22/03/2021
Aleksey Alekseyevich KHODYREV 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
20375/21
14/04/2021
Sergey Aleksandrovich NEVSKIY 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
20541/21
29/03/2021
Ivan Valeryevich LYSOV 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
21102/21
29/03/2021
Kirill Mikhaylovich LYNNIK
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
24213/21
24/02/2021
Rustam Mukharamovich NAFIKOV
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
24229/21
24/02/2021
Nikolay Vladimirovich ISTOMIN
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
24230/21
08/03/2021
Ilshat Ildarovich ORLOV
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
25740/21
30/04/2021
Sergey Petrovich KALININ 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
26274/21
21/04/2021
Pavel Nikolayevich PUSHKANOV
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
26732/21
02/05/2021
Anatoliy Alekseyevich STEPANOV
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
28089/21
06/05/2021
Denis Aleksandrovich MARTYNIN
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
28607/21
14/05/2021
Aleksandr Mikhaylovich AKHMEDOV
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
30589/21
15/05/2021
Rishat Eduardovich NIGMATZYANOV
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
31474/21
28/05/2021
Guzer Valeryevich KHASHUKAYEV 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
33430/21
03/06/2021
Lenar Gumarovich RAKHMATULLIN
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
35298/21
30/06/2021
Anton Arkadyevich MOZGOVOY
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
35393/21
07/06/2021
Aleksey Aleksandrovich SAZONOV
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
37883/21
13/07/2021
Igor Razmikovich MNATSAKANOV 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
39065/21
29/07/2021
Vitaliy Vilayatovich MUSAYEV 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
40912/21
30/07/2021
Anatoliy Nikolayevich RYKOV 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
43578/21
01/12/2021
Aleksandr Vladimirovich BELOV 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
44954/21
23/08/2021
Yevgeniy Aleksandrovich GURTYAKOV 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
46205/21
23/08/2021
Yelena Vladimirovna TROFIMOVA
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
53915/21
19/10/2021
Aleksandr Sergeyevich FEDERYAKOV 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
56836/21
24/10/2021
Pavel Sergeyevich YASTREBOV
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
57704/21
14/01/2022
Vladimir Gennadyevich KUZNETSOV
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
58753/21
26/10/2021
Aleksey Viktorovich VLASENKO 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
622/22
16/12/2021
Nikolay Aleksandrovich SHUKHOV 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
3178/22
09/01/2022
Ketevan Guramovna KHARAIDZE 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
4940/22
18/12/2021
Yuriy Mikhaylovich KHOVANSKIY 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
6118/22
27/12/2021
Yevgeniy Sergeyevich KOZACHENKO
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
6490/22
20/12/2021
Sergey Valeryevich AGAPOV
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
6751/22
27/01/2022
Sergey Yevgenyevich MESHALKIN
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.
© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 29.07.2026. · Źródło