THIRD SECTION
DECISION
Application no. 39783/10
Aida Bulatovna AUSHAKIMOVA
against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 17 November 2016 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 1 November 2010,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The relevant details of the application are set out in the appended table.
The applicant’s complaint under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention was communicated to the Russian Government (“the Government”).
THE LAW
In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the complaint under Article 5 § 3 of the Convention was submitted belatedly.
In particular, the Court notes the Government’s argument, which the applicant did not dispute, that her pre-trial detention ended on 26 March 2010 when she was released. The applicant only lodged her application with the Court on 1 November 2010, that is more than six months after her detention came to an end.
It follows that this complaint is inadmissible for non-compliance with the six-month rule set out in Article 35 § 1 of the Convention, and must be rejected pursuant to Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 8 December 2016.
Hasan BakırcıHelena Jäderblom
Deputy RegistrarPresident
APPENDIX
Application no.
Date of introduction
Applicant name
Date of birth
Period of detention
Length of detention
39783/10
01/11/2010
Aida Bulatovna AUSHAKIMOVA
06/04/1967
17/07/2008 to
26/03/2010
1 year(s) and
8 month(s) and 10 day(s)
Full & Egal Universal Law Academy