FIRST SECTION
CASE OF GRINEV AND OTHERS v. RUSSIA
(Applications nos. 3018/22 and 19 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 Grinev 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 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-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; and Kruglov and Others v. Russia, nos. 11264/04 and 15 others, §§ 107-38, 4 February 2020, regarding unlawful search.
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 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).
REMAINING COMPLAINTS14. In application no. 17240/22 the applicant also raised an additional complaint under Article 5 of the Convention.
15. The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matter complained of is within its competence, this complaint does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention. It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.
APPLICATION OF ARTICLE 41 OF THE CONVENTION16. 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 complaints concerning the excessive length of pre-trial detention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and dismisses the remainder of application no. 17240/22 as inadmissible;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 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]
3018/22
27/12/2021
Aleksandr Viktorovich GRINEV
1968
Nechiporenko Natalya Aleksandrovna
Moscow
21/07/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Leninskiy District Court of Stavropol, Stavropol Regional Court
1 year(s) and 1 month(s) and 27 day(s)
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; failure to examine the possibility of applying other measures of restraint;
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
Art. 5 (4) - excessive length of judicial review of detention:
Leninskiy District Court of Stavropol on 15/09/2021, appeal lodged on 15/09/2021, appeal decision by the Stavropol Regional Court on 15/10/2021
1,600
3930/22
20/12/2021
Ayrat Maskhutovich FAYZULLIN
1989
24/01/2019
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Vakhitovskiy District Court of Kazan, Privolzhskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan
3 year(s) and 7 month(s) and 24 day(s)
fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group
3,800
6734/22
30/12/2021
Boris Nikolayevich YEVSTRATYEV
1965
Shukhardin Valeriy Vladimirovich
Moscow
30/06/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Supreme Court, Chelyabinsk Regional Court, Second Appeal Court
1 year(s) and 2 month(s) and 18 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
1,300
8010/22
21/01/2022
Dmitriy Aleksandrovich DRYAGIN
1986
Ivanov Aleksey Valeryevich
Krasnodar
17/06/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Leninskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Krasnodar Regional Court
1 year(s) and 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 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
1,300
9481/22
02/02/2022
Svetlana Aleksandrovna PODSTAVKINA
1973
Nechiporenko Natalya Aleksandrovna
Moscow
07/09/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Leninskiy District Court of Stavropol, Stavropol Regional Court
1 year(s) and 10 day(s)
failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; 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
Art. 5 (4) - excessive length of judicial review of detention:
Leninskiy District Court of Stavropol, 09/09/2021, appeal lodged on 13/09/2021, appeal decision by the Stavropol Regional Court on 18/10/2021;
Leninskiy District Court of Stavropol, 29/10/2021, appeal lodged on 29/10/2021, appeal decision by the Stavropol Regional Court on 23/11/2021,
Art. 8 (1) - unlawful search - Search under the Code of Criminal Procedure in the applicant’s home authorised on 20/07/2021 by the Investigator of Stavropol Region conducted on 20/07/2021. The lawfulness of urgent search was confirmed by the domestic courts. Final decision: Stavropol Regional Court, 19/10/2021.
No adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police’s discretion), no adequate and sufficient safeguards against abuse: lawyer not allowed to assist the applicant during the search, no relevant or sufficient reasons to justify the search: applicant not a suspect
9,750
11131/22
08/02/2022
Vladimir Olegovich VEDERNIKOV
1963
Khoroshev Ivan Aleksandrovich
Krasnoyarsk
22/09/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Tsentralnyy District Court of Novosibirsk; Novosibirsk Regional Court
1 year(s) and 11 month(s) and 26 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, 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
2,000
11363/22
03/02/2022
Apti Uvaysovich VISAYEV
1985
Belova Yekaterina Borisovna
Moscow
22/04/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Norilsk Town Court of the Krasnoyarsk Region, Krasnoyarsk Regional Court, Tsentralnyy District Court of Krasnoyarsk,
First Eastern Circuit Military Court, Military Appellate Court
1 year(s) and 4 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
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant’s placement in a metal cage during the hearings in the Tsentralnyy District Court of Krasnoyarsk and in the Krasnoyarsk Regional Court (video link from SIZO-1 Krasnoyarsk) between 24/04/2021 and 11/01/2022,
Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - SIZO-1 Krasnoyarsk Region, refusal of short-term family visits, the applicant’s wife requested short-term family visits on 09/03/2022, 10/03/2022, 23/03/2022, 28/04/2022 and 10/05/2022 to no avail
9,750
11805/22
11/02/2022
Georgiy Stanislavovich SVETLITSKIY
1998
Abramov Pavel Arkadyevich
Rostov-on-Don
06/08/2021
-
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
1 year(s) and 1 month(s) and 11 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;
fragility of the reasons employed by the courts; fragility and repetitiveness of the reasoning employed by the courts as the case progressed
1,200
11877/22
02/02/2022
Denis Nikolayevich KOVALEVICH
1998
Dobryanskiy Mark Vladimirovich
Perm
29/01/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Dzerzhinskiy District Court of Perm, Sverdlovskiy District Court of Perm, Perm Regional Court
1 year(s) and 7 month(s) and 19 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
1,800
12636/22
16/02/2022
Aleksandr Vadimovich BONDARENKO
1997
09/11/2020
-
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, Fourth Appellate Court
1 year(s) and 10 month(s) and 8 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:
Detention order by the Supreme Court of the Tatarstan Republic, on 29/12/2021,
Appeal decision by the Fourth Appellate Court, on 26/01/2022
2,600
14146/22
14/02/2022
Valeriy Ivanovich MATSIYENKO
1969
Svechnikova Inessa Vadimovna
Moscow
14/02/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Zheleznogorsk Town Court of the Krasnoyarsk Region; Krasnoyarsk Regional Court
2 year(s) and 7 month(s) and 3 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, as the case progressed, of applying other measures to secure attendance at the trial; failure to examine the possibility of applying other measures of restraint
collective detention orders
2,800
14291/22
17/02/2022
Vadim Vyacheslavovich REDKIN
1958
Khoroshev Ivan Aleksandrovich
Krasnoyarsk
22/09/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Tsentralnyy District Court of Novosibirsk; Novosibirsk Regional Court; Fifth Appellate Court
1 year(s) and 11 month(s) and 26 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, 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; failure to examine the possibility of applying other measures of restraint
2,000
14647/22
22/02/2022
Aleksey Aleksandrovich SHAMARDIN
1978
Peredruk Aleksandr Dmitriyevich
St Petersburg
31/08/2021
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Pervomayskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Timashevskiy District Court of Krasnodar, Krasnodar Regional Court
1 year(s) and 17 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 assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Pervomayskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Timashevskiy District Court of Krasnodar, Krasnodar Regional Court, 02/09/2021 - ongoing possibly as of 16/09/2022
9,750
14726/22
27/02/2022
Anzor Akhmedovich DOGUSHEV
1978
Bezrukova Kseniya Yevgenyevna
Moscow
09/07/2015
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Babushkinskiy District Court of Moscow, Moscow Regional Court, First Appellate Court
7 year(s) and 2 month(s) and 8 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 conduct the proceedings with due diligence during the period of detention; fragility and repetitiveness of the reasoning employed by the courts as the case progressed; persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Moscow Regional Court, on 24/06/2021, appeal lodged on 28/06/2021, appeal decision by the First Appellate Court, on 01/09/2021
5,500
14733/22
21/02/2022
Yevgeniy Vladimirovich NAGORNYY
1981
Zyuzina Yevgeniya Mikhaylovna
Voronezh
20/01/2021 to
04/01/2022
Kominternovskiy District Court of Voronezh, Voronezh Regional Court
11 months and 16 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. 3 - use of metal cages and/or other security arrangements in courtrooms - Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh, Voronezh Regional Court, between 07/09/2016 and 17/12/2021 during hearings on extension of pre-trial detention,
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Kominternovskiy District Court of Voronezh, on 01/09/2021, appeal decision by the Voronezh Regional Court, on 15/12/2021
9,750
16405/22
05/03/2022
Ramaz Gurbanovich MUSAYEV
1984
26/07/2020 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Yuzhno-Sakhalinsk Town Court of the Sakhalin Region, Sakhalin Regional Court
2 year(s) and 1 month(s) and 22 day(s)
failure to conduct the proceedings with due diligence during the period of detention; 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
2,200
17240/22
07/04/2022
Cheslav Cheslavich POPOV
1982
05/05/2017 to
09/12/2021
Zheleznogorsk Town Court of Kranoyarsk Region, Leninskiy Distrcit Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Appellate Court
4 year(s) and 7 month(s) and 5 day(s)
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; 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; collective detention orders
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention
4,800
18025/22
12/03/2022
Beslan Usamovich ASAKAYEV
1971
Golub Olga Viktorovna
Suzemka
09/07/2015
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Babushkinskiy District Court of Moscow, Moscow City Court, Moscow Regional Court, First Appellate Court
7 year(s) and 2 month(s) and 8 day(s)
collective detention orders;
persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group; 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) - excessive length of judicial review of detention:
Detention order by the Moscow Regional Court, on 16/12/2021, appeal decision by the First Appellate Court, on 24/01/2022
5,500
18266/22
12/03/2022
Sergey Vladimirovich KSENOFONTOV
1979
Salkov Maksim Gennadyevich
Voronezh
05/09/2016
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh, Voronezh Regional Court
6 year(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; failure to examine the possibility of applying other measures of restraint; fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kominternovskiy District Court of Voronezh, 09/04/2019 - ongoing possibly as of 16/09/202
9,750
19133/22
13/03/2022
Sergey Aleksandrovich NEKRASOV
1986
Antonova Aliya Ibragimovna
Yurga
03/12/2014
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Tsentralnyy District Court of Kemerovo, Kemerovo Regional Court, Yurga Town Court of Kemerovo
7 year(s) and 9 month(s) and 14 day(s)
fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; failure to conduct the proceedings with due diligence during the period of detention; 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. 5 (4) - excessive length of judicial review of detention:
Detention order of the Yurga Town Court of the Kemerovo Region on 21/10/2021, appeal decision by the Kemerovo Regional Court on 01/12/2021
5,500
[1] Plus any tax that may be chargeable to the applicants.