49118/21;49775/21;50952/21;51361/21;52599/21;53505/21;53517/21;53800/21;54081/21;54444/21;55957/21;56373/21;56933/21;56986/21;57834/21;57894/21;57926/21;58567/21;58696/21;59090/21;60130/21;60319/21;60653/21;61232/21;61490/21;129/22;846/22;942/22;1545/22;1903/22;3684/22;3894/22
WyrokETPCz2024-04-04ECLI:CE:ECHR:2024:0404JUD004911821
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy nadmierna długość tymczasowego aresztowania naruszyła prawo do rozpoznania sprawy w rozsądnym terminie lub zwolnienia z art. 5 ust. 3 Konwencji? Czy warunki detencji (użycie metalowych klatek), przewlekłość kontroli sądowej detencji i brak skutecznych środków odwoławczych naruszyły Konwencję?Ratio decidendi
Trybunał uznał, że fakty leżące u podstaw zarzucanych naruszeń miały miejsce przed 16 września 2022 r., co uzasadnia jego jurysdykcję. W odniesieniu do art. 5 ust. 3, Trybunał powołał się na swoje ugruntowane orzecznictwo, stwierdzając, że długość tymczasowego aresztowania była nadmierna, a argumenty rządu nie były w stanie przekonać do odmiennego wniosku. Podobnie, w przypadku innych zarzutów (dotyczących m.in. metalowych klatek, długości rewizji detencji, braku odszkodowania), Trybunał odwołał się do swojego ugruntowanego orzecznictwa, uznając, że również te zarzuty ujawniają naruszenia Konwencji.Stan faktyczny
Skarżący, obywatele Rosji, złożyli skargi do ETPCz, zarzucając nadmierną długość ich tymczasowego aresztowania. Niektórzy skarżący podnieśli również dodatkowe zarzuty, takie jak stosowanie metalowych klatek podczas rozpraw sądowych, przewlekłość postępowań dotyczących rewizji detencji oraz brak skutecznego prawa do odszkodowania za niezgodne z prawem pozbawienie wolności. Wszystkie zarzucane naruszenia miały miejsce przed 16 września 2022 r.Rozstrzygnięcie
Decyduje o połączeniu skarg; Uznaje, że ma jurysdykcję do rozpatrzenia tych skarg, ponieważ dotyczą one faktów, które miały miejsce przed 16 września 2022 r.; Uznaje skargi za dopuszczalne; Stwierdza naruszenie art. 5 § 3 Konwencji w związku z nadmierną długością tymczasowego aresztowania; Stwierdza naruszenie Konwencji w odniesieniu do innych zarzutów podniesionych na podstawie ugruntowanego orzecznictwa Trybunału (zob. załączona tabela); Uznaje, że nie jest konieczne odrębne rozpatrywanie zarzutu podniesionego na podstawie art. 13 Konwencji dotyczącego braku krajowych środków odwoławczych w związku z użyciem metalowych klatek i innych środków bezpieczeństwa na salach sądowych; Zasądza od pozwanego państwa na rzecz skarżących kwoty wskazane w załączonej tabeli tytułem zadośćuczynienia.Pełny tekst orzeczenia
FIFTH SECTION
CASE OF FILIPPOV AND OTHERS v. RUSSIA
(Applications nos. 49118/21 and 31 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 Filippov 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, 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.
13. In view of the above findings, the Court considers that there is no need to deal separately with the complaint 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 (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 applications 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;
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]
49118/21
23/09/2021
Leonid Iosifovich FILIPPOV Krikun Leonid Leonidovich
St Petersburg
16/03/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Vsevolozhsk Town Court of the Leningrad Region, Leningrad Regional Court
1 year(s) and 6 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 - Vsevolozhsk Town Court on 15/06/2021, Leningrad Regional Court on 08/07/2021 and 30/07/2021 (videoconference),
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention: excessive judicial review of detention
Vsevolozhsk Town Court, 13/05/2021, appeal lodged on 15/05/2021, appeal decision by the Leningrad Regional Court on 08/07/2021;
Vsevolozhsk Town Court, 15/06/2021, appeal lodged on 21/06/2021, appeal decision by the Leningrad Regional Court on 30/07/2021
9,750
49775/21
04/08/2021
Ilfat Ilgizarovich KHAYRUTDINOV
13/06/2019
-
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 Republic of Tatarstan, the Fourth Appeal Court of General Jurisdiction
3 year(s) and 3 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
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention: excessive judicial review of detention
Supreme Court of the Tatarstan Republic, 12/05/2021, appeal decision by the Fourth Appellate Court on 10/06/2021
3,900
50952/21
28/09/2021
Yevgeniy Gennadyevich KORMUSHKIN Myltsyn Dmitriy Andreyevich
Moscow
17/02/2021 to
13/08/2021
Perovskiy District Court of Moscow, Moscow City Court
5 month(s) and 28 day(s)
fragility of the reasons employed by the courts;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention
1,000
51361/21
28/09/2021
Konstantin Vladimirovich YEGOROV Peredruk Aleksandr Dmitriyevich
St Petersburg
02/04/2021 to
23/11/2021
Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
7 month(s) and 22 day(s)
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; fragility of the reasons employed by the courts
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant was held in a metal cage during the proceedings concerning the prolongation of his pre-trial detention on 27/05/2021 and 28/07/2021 in the Tsentralnyy District Court of Krasnoyarsk
9,750
52599/21
11/10/2021
Anton Olegovich KAPILEVICH Suslova Irina Aleksandrovna
Vyborg
04/06/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Vyborg Town Court of Leningrad Region, Leningrad Regional Court
2 year(s) and 3 month(s) and 13 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 - placement in a metal cage during hearings in the Vyborg Town Court of the Leningrad Region and, via video link, in the Leningrad Regional Court, 05/06/2020 - ongoing possibly as of 16/09/2022
9,750
53505/21
21/10/2021
Vladimir Petrovich MAKAROV Svechnikova Inessa Vadimovna
Moscow
08/09/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Basmannyy Court of Moscow, Moscow City Court
2 year(s) and 9 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
2,100
53517/21
05/10/2021
Yuriy Pavlovich ZHDANOV Sirosh Fedor Yevgenyevich
Moscow
26/03/2021 to
19/12/2021
Lomonosovskiy District Court of Arkhangelsk, Arkhangelsk Regional Court
8 month(s) and 24 day(s)
fragility of the reasons employed by the courts;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint
1,000
53800/21
19/10/2021
Denis Olegovich PAVLOV Shovdin Yuriy Aleksandrovich
Kosmodemyanskiy
29/08/2017 to
16/11/2021
Moscow City Court, Zuzinskiy District Court of Moscow, Izmaylovskiy District Court of Moscow
4 year(s) and 2 month(s) and 19 day(s)
fragility of the reasons employed by the courts;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention
Art. 5 (4) - excessive length of judicial review of detention:
Izmaylovskiy District Court of Moscow, 24/02/2021, appeal lodged on 26/02/2021, appeal decision by the Moscow City Court on 25/05/2021
4,800
54081/21
14/10/2021
Sergey Pavlovich YURIN Laptev Aleksey Nikolayevich
Moscow
11/02/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Khamovnicheskiy District Court of Moscow, Moscow City Court
1 year(s) and 7 month(s) and 6 day(s)
collective detention orders;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
Art. 5 (4) - excessive length of judicial review of detention and defects in the judicial examination of the detention matters:
Khamovnicheskiy District Court of Moscow, 31/03/2021, appeal decision by the Moscow City Court on 11/05/2021;
Khamovnicheskiy District Court, 07/06/2021, appeal decision by the Moscow City Court on 17/08/2021;
Khamovnicheskiy District Court, 23/08/2021, no review,
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention
2,300
54444/21
04/10/2021
Askar Linarovich GAYNULLIN
21/07/2020
-
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 Republic of Tatarstan, Fourth Appellate Court
2 year(s) and 1 month(s) and 27 day(s)
collective detention orders;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility and repetitiveness of the reasoning employed by the courts as the case progressed;
failure to assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding
2,200
55957/21
11/10/2021
Anna Vasilyevna MALYSHEVA
19/04/2017
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Novo-Savinskiy District Court of Kazan, Supreme Court of Tatarstan Republic
5 year(s) and 4 month(s) and 29 day(s)
failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint
5,000
56373/21
28/10/2021
Roman Mikhaylovich UCHACHEV
01/09/2017
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Babushkinskiy District Court of Moscow, Serpukhov Town Court of Moscow, Moscow Regional Court, the First Appellate Court
5 year(s) and 16 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; collective detention orders
5,000
56933/21
25/10/2021
Ilya Mikhaylovich GLUSHKO Revyakin Yevgeniy Vladimirovich
Leningradskaya
30/05/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Kanevskiy District Court of Krasnodar Region, Krasnodar Regional Court
1 year(s) and 3 month(s) and 18 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; failure to assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding
1,400
56986/21
25/10/2021
Anatoliy Anatolyevich KUZNETSOV
16/12/2019 to
16/08/2021
Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
1 year(s) and 8 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 - Tsentralnyy District Court of Krasnoyarsk, 18/12/2019 - 16/08/2021
9,750
57834/21
09/11/2021
Denis Valeryevich SEMIN Grigoryev Aleksey Valentinovich
Vyborg
10/05/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Vyborg Town Court of the Leningrad Region, Leningrad Regional Court
2 year(s) and 4 month(s) and 7 day(s)
fragility of the reasons employed by the courts;
collective detention orders;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Vyborg Town Court of the Leningrad Region, Leningrad Regional Court, 16/07/2020 - 16/09/2021
9,750
57894/21
19/11/2021
Aleksandr Aleksandrovich BUTSIN Lebedev Aleksandr Aleksandrovich
Moscow
10/03/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Basmannyy District Court of Moscow, Moscow City Court
1 year(s) and 6 month(s) and 7 day(s)
fragility of the reasons employed by the courts;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding; collective detention orders
1,700
57926/21
05/11/2021
Aleksey Viktorovich YEGOROV Golub Olga Viktorovna
Suzemka
08/09/2020
-
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 9 day(s)
collective detention orders;
fragility of the reasons employed by the courts;
failure to assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding; fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention:
Khoroshevskiy District Court of Moscow, 06/05/2021, appeal lodged on 12/05/2021, appeal decision by the Moscow City Court on 07/06/2021
2,600
58567/21
25/10/2021
Yevgeniy Aleksandrovich LARIONOV
12/04/2018
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Ufimskiy District Court of Bashkortostan Republic, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court
4 year(s) and 5 month(s) and 5 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 conduct the proceedings with due diligence during the period of detention
Art. 5 (4) - excessive length of judicial review of detention:
Supreme Court of the Tatarstan Republic, 29/04/2021, appeal decision by the Fourth Appellate Court on 28/05/2021
5,100
58696/21
17/11/2021
Artem Aleksandrovich ALATYREV
29/07/2019
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Vakhitovsky District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appeal Court
3 year(s) and 1 month(s) and 19 day(s)
fragility of the reasons employed by the courts;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint
Art. 5 (4) - excessive length of judicial review of detention:
Supreme Court of the Tatarstan Republic, 30/04/2021, appeal decision by the Fourth Appeal Court on 28/05/2021
3,700
59090/21
11/11/2021
Stanislav Aleksandrovich FEDORCHENKO Kostyushev Vladimir Yuryevich
Moscow
10/04/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Lefortovskiy District Court of Moscow, Moscow City Court, First Appellate Court
2 year(s) and 5 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 conduct the proceedings with due diligence during the period of detention
2,600
60130/21
22/11/2021
Madina Madibroyimovna ISLOMOVA Petropavlovskiy Vladimir Nikolayevich
Lytkarino
31/08/2017 to
19/08/2021
Cheremushkinskiy District Court of Moscow, Moscow City Court
3 year(s) and 11 month(s) and 20 day(s)
fragility of the reasons employed by the courts;
collective detention orders;
failure to assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
4,000
60319/21
17/11/2021
Sergey Vladislavovich SHIN
21/04/2018
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Nizhnekamskiy Town Court, Supreme Court of the Republic of Tatarstan
4 year(s) and 4 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 examine the possibility of applying other measures of restraint
4,500
60653/21
24/11/2021
Dmitriy Igorevich ROSHCHUPKIN Kostyushev Vladimir Yuryevich
Moscow
05/02/2019
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Dorogomilovskiy District Court of Moscow, Cheremushinskiy District Court of Moscow, Moscow City Court
3 year(s) and 7 month(s) and 12 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
3,800
61232/21
23/11/2021
Aleksey Vasilyevich BRIZHAN Speranskiy Artur Olegovich
Moscow
28/08/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Khamovnicheskiy District Court of Moscow; Presnenskiy District Court of Moscow; Moscow City Court; First appellate court.
2 year(s) and 20 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
2,100
61490/21
15/12/2021
Zamir Aytekovich BORSOV Vardaya Levan Viktorochi
Moscow
26/02/2019
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Basmannyy District Court of Moscow, Preobrazhenskiy District Court of Moscow, Moscow City Court, Supreme Court
3 year(s) and 6 month(s) and 22 day(s)
fragility of the reasons employed by the courts;
failure to examine the possibility of applying other measures of restraint;
failure to conduct the proceedings with due diligence during the period of detention
3,700
129/22
29/11/2021
Ayrat Rustamovich GATAULLIN
27/06/2019
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Vakhitovskiy District Court of Tatarstan, Supreme Court of Tatarstan, Fourth Appellate Court
3 year(s) and 2 month(s) and 21 day(s)
failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint;
collective detention orders;
fragility of the reasons employed by the courts;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
3,300
846/22
08/12/2021
Ilshat Ildusovich AKHMETYANOV
22/05/2018
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Aktanyshskiy District Court of Tatarstan, Vakhitovskiy District Court of Kazan, Supreme Court of Tatarstan, Fourth Appellate Court
4 year(s) and 3 month(s) and 26 day(s)
failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint
4,400
942/22
17/12/2021
Nikolay Sergeyevich POPOV
03/07/2020
-
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 2 month(s) and 14 day(s)
fragility of the reasons employed by the courts;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding
2,300
1545/22
14/12/2021
Maksim Yuryevich KOLOGREYEV
07/10/2020
-
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
1 year(s) and 11 month(s) and 10 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 assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding; fragility of the reasons employed by the courts; collective detention orders
2,000
1903/22
09/12/2021
Ramzan Zelimkhanovich ISRAILOV Vorotyntsev Dmitriy Sergeyevich
Rostov-on-Don
11/08/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Third Appellate Court
2 year(s) and 1 month(s) and 6 day(s)
fragility of the reasons employed by the courts;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint
2,200
3684/22
27/12/2021
Shamil Khavazhiyevich SADULAYEV Pestovskaya Yelena Viktorovna
Rostov-on-Don
21/04/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Leninskiy Distrisct Court of Rostov-on-Don, Rostov Regional Court
1 year(s) and 4 month(s) and 27 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; 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
1,500
3894/22
27/12/2021
Maksim Nikolayevich KHOKHLOV
16/02/2019
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Verkhneuslonskiy District Court of the Tatarstan Republic, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic
3 year(s) and 7 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 examine the possibility of applying other measures of restraint;
failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention: excessive length of the judicial review of detention:
Verkhneuslonskiy District Court of the Tatarstan Republic, 03/06/2021, appeal decision by the Supreme Court of the Tatarstan Republic on 02/07/2021;
Verkhneuslonskiy District Court of the Tatarstan Republic, 12/10/2021, appeal decision by the Supreme Court of the Tatarstan Republic on 03/12/2021
4,300
[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