THIRD SECTION
CASE OF BELYAYEV AND OTHERS v. RUSSIA
(Applications nos. 49132/10 and 5 others -
see appended list)
JUDGMENT
STRASBOURG
9 November 2017
This judgment is final but it may be subject to editorial revision.
In the case of Belyayev and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having deliberated in private on 19 October 2017,
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 applications were communicated to the Russian Government (“the Government”).
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.
THE LAW
I. 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.
II. THE GOVERNMENT’S REQUEST TO STRIKE OUT APPLICATION No. 6010/16 UNDER ARTICLE 37 § 1 OF THE CONVENTION
6. The Government submitted a unilateral declaration in case no. 6010/16 which did not offer a sufficient basis for finding that respect for human rights as defined in the Convention does not require the Court to continue its examination of the case (Article 37 § 1 in fine). The Court rejects the Government’s request to strike the application out and will accordingly pursue its examination of the merits of the case (see Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, § 75, ECHR 2003‑VI).
III. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION
7. The applicants complained that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention, which read as follows:
Article 5 § 3
“3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”
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.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
12. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
13. 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.
14. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Rejects the Government’s request to strike application no. 6010/16 out of its list of cases under Article 37 of the Convention on the basis of the unilateral declaration which they submitted;
3. Declares the applications admissible;
4. Holds that these applications disclose a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention;
5. 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 9 November 2017, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtLuis López Guerra
Acting Deputy RegistrarPresident
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 name
Date of birth
Period of detention
Length of detention
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
49132/10
10/08/2010
Sergey Yuryevich Belyayev
01/09/1970
30/10/2009 to
26/11/2010
1 year(s) and 28 day(s)
1,100
7319/12
12/12/2011
Aleksey Nikolayevich Mitrofanov
15/01/1989
12/04/2011 to
07/04/2012
11 month(s) and 27 day(s)
1,000
6010/16
30/10/2015
Rafail Mageramovich Abbasov
02/01/1983
20/05/2015
pending
More than 2 year(s) and
2 month(s) and 27 day(s)
2,300
47013/16
12/07/2016
Aleksey Aleksandrovich Yurtayev
25/07/1975
24/09/2013
pending
More than 3 year(s) and
10 month(s) and 23 day(s)
4,100
50463/16
03/08/2016
Ruslan Alekseyevich Gafurov
25/02/1987
24/12/2013 to
23/03/2017
3 year(s) and 3 month(s)
3,300
52343/16
27/08/2016
Vladimir Viktorovich Dvurechenskiy
02/04/1982
03/12/2015 to
06/03/2017
1 year(s) and 3 month(s) and 4 day(s)
1,400
[1]. Plus any tax that may be chargeable to the applicants.
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