FIRST SECTION
CASE OF NAUMENKO AND OTHERS v. RUSSIA
(Applications nos. 19134/22 and 30 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 Naumenko 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; Alekhin v. Russia, no. 10638/08, §§ 146‑155, 30 July 2009, related to the lack of an enforceable right to compensation for detention which has been found to be in violation of Article 5 §§ 3 and 4 of the Convention; Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-84, 26 June 2018, regarding unlawful detention; and Tomov and Others v. Russia, nos. 18255/10 and 5 others, 9 April 2019, as regards conditions of transport of detainees and lack of an effective domestic remedy in that respect.
13. In view of the above findings, the Court considers that there is no need to deal separately with the complaints 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).
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; Declares the applications admissible;Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;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]
19134/22
17/03/2022
Andrey Andreyevich NAUMENKO
1981
Mazurov Sergey Anatolyevich
Zheleznogorsk
20/12/2020 to
08/02/2022
Zheleznogorsk Town Court of Kursk Region, Kursk Regional Court
1 year(s) and 1 month(s) and 20 day(s)
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 examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant complains about placement in a metal cage during the hearings on his pre-trial detention between 23/12/2020 and 07/10/2021
9,750
19225/22
17/03/2022
Gadzhiverdi Nazim Olgy GABIBOV
1969
Lening Marina Aleksandrovna
Yurga
03/12/2014 to
03/04/2019
29/10/2020 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Tsentralnyy District Court of Kemerovo, Yurga Town Court of the Kemerovo Region, Kemerovo Regional Court, Eighth Cassation Court
4 year(s) and 4 month(s) and 1 day(s)
1 year(s) and 10 month(s) and 19 day(s)
fragility of the reasons employed by the courts; 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; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; 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:
Detention order by the Yurga Town Court of the Kemerovo Region on 21/10/2021, appeal decision by the Kemerovo Regional Court on 01/12/2021;
Detention order by the Yurga Town Court of the Kemerovo Region on 22/12/2021, appeal decision by the Kemerovo Regional Court on 03/02/2022
5,500
19628/22
06/03/2022
Boris Borisovich NIKITIN
1951
Sukhareva Tatyana Viktorovna
Moscow
22/07/2020 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Sovetskiy District Court of Rostov-on-Don, Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Third Appellate Court, Kirovskiy District Court of Rostov-on-Don
2 year(s) and 1 month(s) and 26 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
2,200
20044/22
06/04/2022
Oksana Vasilyevna DUDKINA
1985
01/12/2020 -
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, Third Appellate Court
1 year(s) and 9 month(s) 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 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 - placement in a metal cage during the hearings in the Leninskiy District Court of Rostov-on-Don and the Rostov Regional Court since 01/11/2021 - ongoing possibly as of 16/09/2022
9,750
21493/22
21/03/2022
Ilnaz Fanisovich MUKHAMETOV
1993
29/10/2018 to
11/10/2021
Naberezhnyye Chelny Town Court of Tatarstan, Military Appellate Court
2 year(s) and 11 month(s) and 13 day(s)
collective detention orders; failure to examine the possibility of applying other measures of restraint; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial
Art. 3 - inadequate conditions of detention during transport - van, 09/03/2021 - 03/12/2021, 0.25-0.33 sq. m. of personal space, the applicant transported on numerous occasions, duration of transport of 4-6 hours on each occasion, overcrowding, lack of fresh air, passive smoking, lack or inadequate furniture, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, sharing cells with inmates infected with contagious disease
3,900
21513/22
13/04/2022
Sergey Anatolyevich KIRICHENKO
1975
Kiryanov Aleksandr Vladimirovich
Taganrog
22/11/2021 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Dorogomilovskiy District Court of Moscow, Moscow City Court
9 month(s) and 26 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 (1) - unlawful deprivation of liberty - unrecorded detention between 22/11/2021 and 23/11/2021,
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Dorogomilovskiy District Court of Moscow on 24/11/2021, appeal lodged on 25/11/2021, appeal decision by the Moscow City Court on 20/01/2022;
Detention order by the Dorogomilovskiy District Court of Moscow on 15/12/2021, appeal lodged on 17/12/2021, appeal decision by the Moscow City Court on 25/01/2022;
Detention order by the Dorogomilovskiy District Court of Moscow on 26/01/2022, appeal lodged on 29/01/2022, appeal decision by the Moscow City Court on 03/03/2022
3,900
22343/22
23/03/2022
Aleksey Dmitriyevich MAKUNIN
1998
Dunayeva Alla Igorevna
Chelyabinsk
30/04/2021 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Tsentralnyy District Court of Chelyabinsk, Chelyabinsk Regional Court, Sosnovskiy District Court of the Chelyabinsk Region
1 year(s) and 4 month(s) and 18 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; collective detention orders
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage between 02/05/2021 and 07/02/2022, Tsentralnyy District Court of Chelyabinsk (in person) and Chelyabinsk Regional Court through video-link at SIZO-1, Chelyabinsk Region,
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Tsentralnyy District Court of Chelyabinsk on 04/09/2021, appeal decision by the Chelyabinsk Regional Court on 04/10/2021;
Detention order by the Tsentralnyy District Court of Chelyabinsk on 07/12/2021, appeal decision by the Chelyabinsk Regional Court on 19/01/2022;
Detention order by the Tsentralnyy District Court of Chelyabinsk on 13/01/2022, appeal decision by the Chelyabinsk Regional Court on 09/02/2022
9,750
22346/22
21/03/2022
Ruslan Fanisovich NURTDINOV
1988
29/10/2018 to
11/10/2021
Naberezhnyye Chelny Town Court of the Tatarstan Republic, Tsentralnyy Circuit Military Court, Appellate Military Court,
Fourth Appellate Court, Supreme Court of the Tatarstan Republic
2 year(s) and 11 month(s) and 13 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 conduct the proceedings with due diligence during the period of detention
Art. 3 - inadequate conditions of detention during transport - van, transit cell, train; 09/03/2021 - 03/12/2021; personal space: 0.25 sq. m, 0.33 sq. m, 0.9 sq. m; overcrowding, lack of fresh air, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, passive smoking,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
3,900
23043/22
12/04/2022
Ruslan Yuryevich YAKOVENKO
1979
16/04/2020 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Tsentralnyy District Court of Kaliningrad, Zelenogradskiy District Court of the Kaliningrad Region, Kaliningrad Regional Court, First Appellate Court
2 year(s) and 5 month(s) and 1 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, as the case progressed, of applying other measures to secure attendance at the trial
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - use of metal cage in the Tsentralnyy District Court of Kaliningrad, Moskovskiy District Court of Kaliningrad, Leningradskiy District Court of Kaliningrad, Zelenogradskiy District Court of Kaliningrad Region, Primorskiy District Court of St Petersburg (video link from SIZO-3 Kaliningrad Region), Kaliningrad Regional Court (including video link from SIZO-3 Kaliningrad Region), First Appeal Court (video link from SIZO-3 Kaliningrad Region); 16/04/2020 - ongoing possibly as of 16/09/2022,
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Kaliningrad Regional Court on 08/10/2021, appeal decision by the First Appellate Court on 02/11/2021;
Detention order by the Kaliningrad Regional Court on 01/11/2021, appeal decision by the First Appellate Court on 02/12/2021
9,750
23588/22
21/03/2022
Andrey Fedorovich MAYER
1978
Chesnokov Vladimir Yevgenyevich
Rostov-on-Don
25/12/2020 -
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, Third Appellate Court
1 year(s) and 8 month(s) and 23 day(s)
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; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial
1,900
24950/22
24/04/2022
Nikita Romanovich KRESHCHUK
1998
Olgerdt Oksana Gennadyevna
Moscow
16/09/2021 -
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 1 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 and repetitiveness of the reasoning employed by the courts as the case progressed
1,100
25177/22
19/03/2022
Vladislav Robertovich AN
1980
06/10/2021 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Kondopoga Town Court of Karelia, Supreme Court of Karelia
11 month(s) and 11 day(s)
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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
1,000
25370/22
25/04/2022
Oleg Nikolayevich SEREBRENNIKOV
1968
Solovyev Leonid Alekseyevich
Moscow
14/07/2020 -
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,
First Appellate Court
2 year(s) and 2 month(s) and 3 day(s)
collective detention orders;
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 conduct the proceedings with due diligence during the period of detention; 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
2,300
25520/22
06/05/2022
Vyacheslav Nikolayevich VISHNEVSKIY
1977
Zharinov Kirill
Moscow
24/03/2020 -
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
2 year(s) and 5 month(s) and 24 day(s)
fragility and repetitiveness of the reasoning employed by the courts as the case progressed; 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
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Tsentralnyy District Court of Kemerovo on 16/12/2021,
appeal lodged on 19/12/2021, appeal decision by the Kemerovo Regional Court on 14/01/2022;
detention order by the Tsentralnyy District Court of Kemerovo on 22/03/2022, appeal lodged on 24/03/2022, appeal decision by the Kemerovo Regional Court on 14/04/2022
3,100
25933/22
18/04/2022
Svetlana Sergeyevna SUS
1996
14/05/2020 to
28/02/2022
Sovetskiy District Court of Kazan, Supreme Court of Tatarstan
1 year(s) and 9 month(s) and 15 day(s)
collective detention orders;
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
2,000
25953/22
22/04/2022
Umarali Rakhmatulloyevich TASHRIPOV
1999
Pavlova Natalya Valeryevna
Zelenogorsk
09/01/2020 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Appellate Court
2 year(s) and 8 month(s) and 8 day(s)
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Sovetskiy District Court of Krasnoyarsk on 15/10/2021, appeal lodged on 20/10/2021, appeal decision by the Krasnoyarsk Regional Court on 23/11/2021;
Detention order by the Sovetskiy District Court of Krasnoyarsk on 10/11/2021, appeal decision by the Krasnoyarsk Regional Court on 28/12/2021;
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention and Article 5 § 4
3,400
26010/22
29/04/2022
Yevgeniy Aleksandrovich GORBACHEV
1987
Sabitov Timur Ravilevich
Moscow
26/10/2021 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Gagarinskiy District Court of Moscow, Moscow City Court
10 month(s) and 22 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed
1,000
26625/22
07/05/2022
Ruslan Shavkatovich SHAMSUNOV
1986
18/10/2020 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Nizhnekamsk Town Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic
1 year(s) and 10 month(s) and 30 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; failure to examine the possibility of applying other measures of restraint
2,100
26913/22
18/05/2022
Viktor Nikolayevich ZUBAREV
1968
Savin Vyacheslav Vasilyevich
Stavropol
21/10/2021 -
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
10 month(s) and 27 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:
Detentionorder by the Leninsky District Court of Stavropol on 22/10/2021, appeal lodged on 25/10/2021, appeal decision by the Stavropol Regional Court on 18/11/2021;
Detention order by the Leninsky District Court of Stavropol on 15/12/2021, appeal lodged on 17/12/2021, appeal decision by the Stavropol Regional Court on 13/01/2022
1,300
27269/22
24/04/2022
Nikolay Vladimirovich PITERKIN
1981
27/05/2020 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Smolninskiy District Court of St Petersburg; St Petersburg City Court
2 year(s) and 3 month(s) and 21 day(s)
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; 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; 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 Smolninskiy District Court on 27/10/2021, appeal lodged on 01/11/2021, appeal decision by the St Petersburg City Court on 08/12/2021;
2,900
29833/22
14/05/2022
Leonid Aleksandrovich MELIKHOV
1982
Pavlov Roman Dmitriyevich
Moscow
04/08/2021 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Odintsovskiy Town Court of the Moscow Region, Moscow City Court
1 year(s) and 1 month(s) and 13 day(s)
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
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention
1,200
31646/22
01/06/2022
Eldar Ali Ogly ALIYEV
1968
27/03/2021 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
1 year(s) and 5 month(s) and 21 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
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Zhelezhnodorozhnyy District Court of Krasnoyarsk between 28/03/2021 and 23/08/2022
9,750
39615/22
25/07/2022
Maksim Viktorovich RUSAKOV
1977
Fedotova Yuliya Yevgenyevna
Yekaterinburg
26/03/2019 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Basmannyy District Court of Moscow, Preobrazhenskiy District Court of Moscow, Moscow City Court, First Appellate Court
3 year(s) and 5 month(s) and 22 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 conduct the proceedings with due diligence during the period of detention; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; 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:
Detention order by the Gagarinskiy District Court of Moscow on 22/02/2022, appeal decision by the Moscow City Court on 13/04/2022
4,100
45441/22
19/08/2022
Arsen Garikovich NERSISYAN
1988
Toropov Artem Yuryevich
Moscow
19/01/2022 to
09/08/2022
Chertanovskiy District Court of Moscow, Moscow City Court
6 month(s) and 22 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
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention
1,000
46905/22
05/09/2022
Andrey Aleksandrovich DENISOV
1985
Dunayeva Alla Igorevna
Chelyabinsk
12/05/2021 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Tsentralnyy District Court of Chelyabinsk, Chelyabinsk Regional Court, Kurchatovskiy District Court of Chelyabinsk
1 year(s) and 4 month(s) and 5 day(s)
fragility of the reasons employed by the courts; 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
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - multiple instances of placement in a metal cage; 13/05/2021 - 22/07/2022, Tsentralnyy District Court of Chelyabinsk, Kurchatovskiy District Court of Chelyabinsk, Chelyabinsk Regional Court;
Art. 5 (4) - lack of speediness in review of detention orders:
Kurchatovskiy District Court of Chelyabinsk, 22/04/2022 - pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022;
Kurchatovskiy District Court of Chelyabinsk, 22/07/2022 - pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
9,750
48448/22
04/10/2022
Vitaliy Vitalyevich KOLTSOV
1976
Sabinin Andrey Vasilyevich
Stavropol
03/05/2022 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Khamovnicheskiy District Court of Moscow, Moscow City Court
4 month(s) and 14 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed
1,000
49431/22
15/09/2022
Maksim Anatolyevich LAVRENTYEV
1981
07/08/2020 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Central District Court of Kemerovo; Kemerovo Regional Court
2 year(s) and 1 month(s) and 10 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; collective detention orders
2,200
50094/22
29/09/2022
Aleksey Igorevich KURINOV
1986
Timchenko Denis Aleksandrovich
Moscow
29/01/2021 -
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 7 month(s) and 19 day(s)
fragility of the reasons employed by the courts; 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 assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
1,800
128/23
20/11/2022
Maksim Dmitriyevich AN
1975
Fedotova Yuliya Yevgenyevna
St Petersburg
17/11/2020 -
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, First Appellate Court
1 year(s) and 10 month(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 re8offending, 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 Moscow City Court, 12/08/2022, appeal lodged on 15/08/2022, appeal decision by the First Appellate Court on 13/09/2022
2,500
4812/23
15/01/2023
Aleksey Sergeyevich YANOCHKIN
1979
Polyakova Veronika Valeryevna
Moscow
16/09/2021 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Zheleznodorozhnyy District Court of Krasnoyarsk, Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court
1 year(s) and 1 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; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; fragility of the reasons employed by the courts
1,100
6773/23
26/01/2023
Valeriy Nikolayevich GOLUBKIN
1952
Eysmont Mariya Olegovna
Moscow
12/04/2021 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Lefortovo District Court of Moscow, Moscow City Court, First Appellate Court
1 year(s) and 5 month(s) and 5 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 of applying other measures of restraint; fragility and repetitiveness of the reasoning employed by the courts as the case progressed
1,600
[1] Plus any tax that may be chargeable to the applicants.