Published on 27 March 2023
THIRD SECTION
Application no. 20331/21
David Aleksandrovich ARUTYUNYAN against Russia
and 6 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 10 March 2022, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 5 § 3 of the Convention relating to excessive length of pre-trial detention which are the subject of well-established case law of the Court (see Dirdizov v. Russia, no. 41461/10, 27 November 2012).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Period of detention
Court which issued detention order/examined appeal
Length of detention
Specific defects
Other complaints under well-established case‑law
20331/21
25/03/2021
David Aleksandrovich ARUTYUNYAN
1984
Aleksandr Vasilyevich Savin
Stavropol
11/08/2020 to 14/05/2021
Sovetskiy District Court of Vladikavkaz
Supreme Court of Severnaya Ossetia Republic
9 months and 4 days
fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint
20425/21*
25/03/2021
Vitaliy Olegovich BOYCHENKO
1993
11/12/2019 to 19/03/2021
Sovetskiy District Court of Kazan
Supreme Court of Tatarstan Republic
1 year and 3 months and 9 days
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 - inadequate conditions of detention during transport in a van between 26/12/2019 -05/10/2021 and on 08/10/2021 and 15/10/2021:
transport from SIZO-1 Tatarstan Republic to the Sovetskiy District Court of Kazan; applicant transported on numerous occasions; inadequate temperature; 0.2 sq. m per person; overcrowding; each transfer lasted 5 to 6 hours; no or restricted access to toilet; lack of fresh air; passive smoking; constant video surveillance in a van; lack of or insufficient natural light; lack of or insufficient electric light; lack of or insufficient quantity of food; inadequate temperature; 4 inmates in a compartment with a designed capacity for 2 persons; 3.5 hours’ trip.
26035/21
22/04/2021
Sergey Vladimirovich YERMOLENKO
1972
Maksim Andreyevich Nikonov
Vladimir
16/07/2020 pending
Oktyabrskiy District Court of Vladimir
Frunzenskiy District Court of Vladimir
Vladimir Regional Court
More than 1 year and 6 months and 12 days
fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint
Art. 5 (4) - excessive length of judicial review of detention - Oktyabrskiy District Court of Vladimir, 22/12/2020 (appellate complaint reached the court on 25/12/2020) - Vladimir Regional Court,
18/01/2021 (24 days)
Oktyabrskiy District Court of Vladimir, 22/03/2021 (appellate complaint reached the court on 26/03/2021) - Vladimir Regional Court, 19/04/2021 (24 days)
26067/21
20/04/2021
Linur Shamilevich MURTAZIN
1978
12/12/2017 to 17/03/2021
Vakhitovskiy District Court of Kazan
Supreme Court of the Republic of Tatarstan
3 years and 3 months and 6 days
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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
Art. 3 - inadequate conditions of detention during transport - poor conditions of detention during transport in a van on multiple occasions since 17/01/2018, 0.33 sq.m. of personal space, overcrowding, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
26784/21*
02/05/2021
Albert Aydarovich SABIROV
1990
21/04/2018 pending
Privolzhskiy District Court of Kazan
Supreme Court of the Republic of Tatarstan
Fourth Appeal Court
More than 3 years and 9 months and 7 days
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, as the case progressed; failure to conduct the proceedings with due diligence during the period of detention
Art. 5 (4) - excessive length of judicial review of detention - decisions by the Supreme Court of the Tatarstan Republic of 17/02/2021 and 30/04/2021 reviewed by the Fourth Appellate Court of General Jurisdiction on, respectively, 12/03/2021 and 03/06/2021
38254/21*
12/07/2021
Ivan Viktorovich TIMOFEYEV
1981
21/04/2020 to 17/06/2021
Oktyabrskiy District Court of Barnaul of Altai Region
Altai Regional Court
Fifth Appeal Court
1 year and 1 month and 28 days
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
44148/21*
10/08/2021
Gennadiy Grigoryevich KIRILOV
1969
25/10/2017 pending
Vakhitovskiy District Court of Kazan
Supreme Court of Tatarstan Republic
Fourth Appellate Court
More than 4 years and 3 months and 3 days
fragility of the reasons employed by the courts;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding;
failure to conduct the proceedings with due diligence during the period of detention;
failure to examine the possibility of applying other measures of restraint
Art. 13 - lack of an effective remedy against refusals of short-term family visits
Art. 8 (1) - restrictions on family visits in pre-trial facilities - refusal of short-term family visits in SIZO-2 Republic of Tatarstan, wife, daughter