FIRST SECTION
CASE OF FATTAKHOV AND OTHERS v. RUSSIA
(Applications nos. 51551/18 and 15 others –
see appended list)
JUDGMENT
STRASBOURG
11 April 2024
This judgment is final but it may be subject to editorial revision.
In the case of Fattakhov and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 21 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 APPLICATIONS5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
Jurisdiction6. 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 CONVENTION7. 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 unreasonably long.
11. These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW12. 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; 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.
13. In view of the above findings, the Court considers that there is no need to deal separately with the complaints under Articles 9 and 13 of the Convention about the restrictions on freedom of religion in prisons and lack of effective domestic remedies to complain about 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 CONVENTION14. 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 unreasonably lengthy 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 complaints raised under Articles 9 and 13 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 11 April 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseynov
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]
51551/18
20/10/2018
Ruslan Vakilevich FATTAKHOV
1980
04/02/2015 to
30/07/2018
Kirovskiy District Court of Ufa, Supreme Court of the Bashkortostan Republic, Privolzhskiy Circuit Military Court,
3 year(s) and 5 month(s) and 27 day(s)
failure to conduct the proceedings diligently leading to excessive length of detention on remand;
collective detention orders
Art. 3 - inadequate conditions of detention during transport – transport between 06/02/2015 - 30/07/2018; van, holding cells at the detention facility and the courthouse; the applicant transported on numerous occasions, transport between the detention facility and the courthouse pending criminal proceedings, overcrowding; space <0.3 sq. m.
4,700
4701/19
09/01/2019
Yuliya Yuryevna MASLOVA
1975
19/06/2018 to
18/09/2018
Oktyabrskiy District Court of Irkutsk, Irkutsk Regional Court
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; no limit to detention set out by the courts
Art. 3 - use of metal cages and/or other security arrangements in courtrooms – in the Oktyabrskiy District Court of Irkutsk,
on 01-03/08/2018,
Art. 5 (5) - lack of, or inadequate compensation, for the violation of
Article 5 § 3 of the Convention
8,000
12275/19
14/02/2019
Konstantin Valentinovich REMIZOV
1979
Fedosimov Boris Aleksandrovich
Moscow
17/09/2018
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Taganskiy District Court of Moscow, Moscow City Court
4 year(s)
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;
collective detention orders
4,000
43804/21
31/08/2021
Dmitriy Aleksandrovich PIPKO
1986
Krylov Artem Aleksandrovich
Moscow
20/04/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
235 Garrison Military Court, 2nd Western Circuit Military Court
1 year(s) and 4 month(s) and 28 day(s)
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
1,500
49125/21
04/10/2021
Ilya Naumovich GAVRILOV
1970
Belova Yekaterina Borisovna
Moscow
07/02/2020
-
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, First Appellate Court
2 year(s) and 7 month(s) and 10 day(s)
fragility of the reasons employed by the courts;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
2,800
51526/21
12/10/2021
Aleksandr Arturovich BEKHER
1975
Tarasova Yekaterina
Moscow
22/10/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Savelovskiy District Court of Moscow, Moscow City Court
1 year(s) and 10 month(s) and 26 day(s)
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
2,100
52461/21
11/08/2021
Anatoliy Viktorovich SKORNYAKOV
1988
16/02/2018
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Dzerzhinskiy District Court of St Petersburg, St Petersburg City Court
4 year(s) and 7 month(s) and 1 day(s)
fragility of the reasons employed by the courts;
collective detention orders;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed;
failure to conduct the proceedings diligently leading to excessive length of detention on remand
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Dzerzhinskiy District Court of St Petersburg, St Petersburg City Court, 17/02/2018 - 14/07/2021,
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Dzerzhinskiy District Court of St Petersburg on 29/04/2021, appeal decision by the St Petersburg City Court, on 24/06/2021
9,750
53/22
06/12/2021
Denis Aleksandrovich SHIRYAYEV
1979
Stepanova Yevgeniya Igorevna
Moscow
17/02/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Leninskiy District Court of
Rostov-on-Don, Rostov Regional Court, Tverskoy District Court of Moscow, Moscow City Court
1 year(s) and 7 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;
collective detention orders;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Tverskoy District Court of Moscow on 15/07/2021, appeal lodged on 26/07/2021, appeal decision by the Moscow City Court on 25/08/2021
2,200
950/22
04/12/2021
Zhasulan Zhetkenovich TULEPBEKOV
1969
Zubitskiy Pavel Nikolayevich
Moscow
17/02/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Leninskiy District Court of
Rostov-on-Don, Rostov Regional Court, Tverskoy District Court of Moscow, Moscow Regional Court
1 year(s) and 7 month(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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Tverskoy District Court of Moscow on 15/07/2021, appeal lodged on 18/07/2021, appeal decision by the Moscow City Court on 25/08/2021
2,200
1441/22
17/12/2021
Oleg Olegovich STEPANOV
1992
Sabinin Andrey Vasilyevich
Stavropol
28/01/2021 to
20/08/2021
Basmanny District Court of Moscow, Preobrazhenskiy District Court of Moscow, Moscow City Court
6 month(s) and 24 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
1,000
2225/22
23/12/2021
Soltan Mazhitovich KURDANOV
1959
Khrunova Irina Vladimirovna
Kazan
10/03/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Pyatigorsk Town Court of the Stavropol Region, Stavropol Regional Court, Third Appellate Court
2 year(s) and 6 month(s) and 7 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Stavropol Regional Court on 08/07/2021, appeal lodged on 12/07/2021, appeal decision by the Third Appellate Court on 29/07/2021;
Detention order by the Stavropol Regional Court on 06/10/2021, appeal lodged on 11/10/2021, appeal decision by the Third Appellate Court on 11/11/2021
3,200
25922/22
19/05/2022
Sergey Vladimirovich KUZMENKO
1972
Yarlykova Yelena Nikolayevna
Moscow
02/04/2021
-
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 5 month(s) and 15 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
1,600
26449/22
16/05/2022
Vladimir Ivanovich SMIRNOV
1974
29/07/2019
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Vyborskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court
3 year(s) and 1 month(s) and 19 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
3,200
29892/22
13/05/2022
Vladimir Aleksandrovich TOKAREV
1977
Borzov Aleksandr Fedorovich
Moscow
19/01/2022
-
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
7 month(s) and 29 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. 8 (1) - restrictions on family visits in pre-trial facilities - SIZO-4 in Moscow, refusal of short-term visits
4,500
33428/22
21/06/2022
Boris Vladimirovich SHCHUROV
1974
Dorzhiyev Ayur Aleksandrovich
Moscow
29/10/2020
-
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
1 year(s) and 10 month(s) and 19 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
2,100
46491/22
31/08/2022
Vyacheslav Vladimirovich DOLGANOV
1985
19/05/2022
-
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
3 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;
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;
collective detention orders
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Tverskoy District Court of Moscow on 20/05/2022, appeal decision by the Moscow City Court on 01/07/2022;
Detention order by the Tverskoy District Court of Moscow on 18/07/2022, appeal decision by the Moscow City Court on 15/08/2022,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Tverskoy District Court of Moscow, Moscow City Court, 20/05/2022 - 15/08/2022
8,000
[1] Plus any tax that may be chargeable to the applicants.