FIFTH SECTION
CASE OF VASYANOVICH AND OTHERS v. RUSSIA
(Applications nos. 56332/18 and 30 others –
see appended list)
JUDGMENT
STRASBOURG
4 April 2024
This judgment is final but it may be subject to editorial revision.
In the case of Vasyanovich and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Mattias Guyomar,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 14 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; Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92‑156, 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 complaint under Article 13 of the Convention about the lack of effective domestic remedies relating to 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 the applicants’ complaints 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 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 4 April 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
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]
56332/18
14/11/2018
Aleksey Igorevich VASYANOVICH
1987
22/08/2017 to
22/02/2019
Tverskoy District Court of Moscow, Moscow City Court
1 year(s) and 6 month(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 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. 3 - inadequate conditions of detention during transport - train, van, from 27/05/2019 to 29/05/2019, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to toilet, passive smoking, lack of or insufficient natural light, overcrowding, lack of fresh air,
Art. 5 (4) - excessive length of judicial review of detention:
Tverskoy District Court of Moscow, 04/05/2018, appeal decision by the Moscow City Court on 04/06/2018;
Moscow City Court, 16/08/2018, appeal decision by the Appeal Chamber of the Moscow City Court on 20/09/2018
2,200
49602/20
06/10/2020
Denis Aleksandrovich SERDYUKOV
1982
03/08/2016
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Sovetskiy District Court of Kazan, Naberezhnyye Chelny City Court, Supreme Court of the Republic of Tatarstan
6 year(s) and 1 month(s) and
14 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
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Naberezhnyye Chelny Town Court between 26/12/2018 and 14/07/2020,
Art. 3 - inadequate conditions of detention during transport - van, 05/08/2016 to 09/12/2018, 0.25 sq. m per inmate, overcrowding, lack of fresh air, sharing cells with inmates infected with contagious disease, inadequate temperature; van, 09/12/2018 to 01/03/2021, 0.25 sq. m per inmate, overcrowding, sharing cells with inmates infected with contagious disease, lack of fresh air, inadequate temperature,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
9,750
14721/21
15/03/2021
Ilya Semenovich MARTYSHKIN
1967
14/08/2018 to
20/06/2022
Samarskiy District Court, Avtozavodskiy District Court of Tolyatti, Samara Regional Court
3 year(s) and 10 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; 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 - Samarskiy District Court, Avtozavodskiy District Court of Tolyatti, Samara Regional Court, 16/08/2018 - ongoing possibly as of 16/09/2022
9,750
15053/21
25/02/2021
Valentin Valentinovich GORSHKOV
1974
Shumakova Irina Borisovna
Moscow
22/07/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Nagatinskiy District Court of Moscow, Moscow City Court
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; 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
2,200
26508/21
19/05/2021
Sumbat Amayakovich ABASOV
1966
Bazhinov Mikhail Aleksandrovich
Belgorod
27/06/2020 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Sverdlovskiy District Court of Belgorod, Belgorod Regional Court
2 year(s) and 2 month(s) and 21 day(s)
fragility of the reasons employed by the courts; 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
2,300
27052/21
13/09/2021
Vladimir Aleksandrovich MOISEYENKO
1988
04/05/2019 -
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 Region Court
3 year(s) and 4 month(s) and 13 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 conduct the proceedings with due diligence during the period of detention
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention: excessively lengthy review of detention:
Sovetskiy District Court of Krasnoyarsk, 17/03/2021, appeal decision by the Krasnoyarsk Regional Court on 06/04/2021
4,600
32022/21
01/08/2021
Darya Olegovna GRINKOVA
1998
22/05/2017 -
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
5 year(s) and 3 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; collective detention orders
5,000
35859/21
01/12/2021
Mikhail Vladimirovich MATVEYEV
1995
07/01/2017 to
04/06/2018
29/11/2018 to
22/03/2022
Nizhneingashskiy District Court of the Krasnoyarsk Region,
Krasnoyarsk Regional Court, Fifth Appellate Court
1 year(s) and 4 month(s) and 29 day(s)
3 year(s) and 3 month(s) and 23 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;
collective detention orders
4,900
37556/21
08/07/2021
Andrey Yevgenyevich ZARUBIN
1988
17/03/2020 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Zheleznodorozhnyy District Court of Chita, Tsentralnyy District Court of Chita, Zabaykalye Regional Court
2 year(s) and 6 month(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
2,600
37651/21
05/07/2021
Anna Valeryevna KHMELEVA
1985
11/08/2019
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Surgut Town Court, Tsentralnyy District Court of Chelyabinsk, Chelyabinsk Regional Court, Kurchatovskiy District Court of Chelyabinsk,
3 year(s) and 1 month(s) and 6 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 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
3,200
37764/21
07/07/2021
Dmitriy Yuryevich MAKSIMOV
1985
Zyuzina Yevgeniya Mikhaylovna
Voronezh
10/09/2018 to
27/04/2021
Ramonskiy District Court of Voronezh, Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh, Voronezh Regional Court
2 year(s) and 7 month(s) and 18 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
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kominternovskiy District Court of Voronezh, Ramonskiy District Court of Voronezh, Leninskiy District court of Voronezh, between 14/09/2018 and 27/04/2021
9,750
38187/21
02/07/2021
Eres Demir-oolovich BALDANAY
1980
27/02/2018 to
09/06/2021
Kirovskiy District Court of Krasnoyarsk, Tsentralnyy District Court of Krasnoyarsk, Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
3 year(s) and 3 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 conduct the proceedings with due diligence during the period of detention
Art. 5 (4) - excessive length of judicial review of detention:
Sovetskiy District Court of Krasnoyarsk, 19/01/2021, appeal decision by the Krasnoyarsk Regional Court on 16/02/2021;
Sovetskiy District Court of Krasnoyarsk, 13/04/2021, appeal decision by the Krasnoyarsk Regional Court on 20/05/2021
3,900
38839/21
12/07/2021
Roman Igorevich ZAVARZIN
1982
05/05/2019 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Zelenodolskiy District Court of the Tatarstan Republic, Pestrechinskiy District Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic, Fourth Appellate Court
3 year(s) and 4 month(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 examine the possibility of applying other measures of restraint
Art. 5 (4) - excessive length of judicial review of detention:
Supreme Court of the Tatarstan Republic, 15/12/2020, appeal decision by the Fourth Appellate Court on 04/02/2021;
Supreme Court of the Tatarstan Republic, 14/01/2021, appeal decision by the Fourth Appellate Court on 18/02/2021;
Pestrechinskiy District Court of the Tatarstan Republic, 10/02/2021, appeal decision by the Supreme Court of the Tatarstan Republic on 24/03/2021
4,000
39870/21
21/06/2021
Marat Aramaisovich MUSTAFIN
1987
27/06/2019 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court
3 year(s) and 2 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; 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. 5 (4) - excessive length of judicial review of detention:
Supreme Court of the Tatarstan Republic, 25/03/2021, appeal decision by the Fourth Appellate Court on 21/04/2021
3,800
40302/21
27/07/2021
Aleksandr Vladimirovich NAGORNYY
1975
Stukova Viktoriya Nikolayevna
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;
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; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; collective detention orders;
failure to conduct the proceedings with due diligence during the period of detention
5,000
40316/21
26/07/2021
Pavel Mikhaylovich YEFREMOV
1980
11/12/2017 -
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 Republic of Tatarstan
4 year(s) and 9 month(s) and 6 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 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
5,000
41258/21
21/07/2021
Oleg Vyacheslavovich ZHDANOV
1971
Pyatitskiy Yevgeniy Fedorovich
Rostov-on-Don
01/10/2020 -
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, Fourth Cassation Court
1 year(s) and 11 month(s) and 16 day(s)
fragility of the reasons employed by the courts;
failure to examine the possibility of applying other measures of restraint
2,000
42714/21
02/08/2021
Vitaliy Sergeyevich MUKHIN
1989
Dunin Andrey Aleksandrovich
Kozmodemyansk
30/04/2021 -
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Presnenskiy District Court of Moscow, Moscow City Court
1 year(s) and 4 month(s) and 18 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
1,500
42731/21
23/08/2021
Konstantin Viktorovich MARCHENKO
1968
Bochkarev Aleksandr Aleksandrovich
Moscow
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, Moscow City Court, First Appellate Court
3 year(s) and 5 month(s) and 22 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 conduct the proceedings with due diligence during the period of detention
3,600
43499/21
07/08/2021
Yevgeniy Valeryevich DANILIN
1986
02/10/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Sovetskiy District Court of Kazan, Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan
1 year(s) and 11 month(s) and 15 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. 5 (4) - excessive length of judicial review of detention:
Vakhitovskiy District Court of Kazan, 26/01/2021, appeal decision by the
Supreme Court of the Republic of Tatarstan on 19/02/2021;
Vakhitovskiy District Court of Kazan, 30/03/2021, appeal decision by the Supreme Court of the Republic of Tatarstan on 21/05/2021
2,500
44359/21
17/08/2021
Maksim Aleksandrovich SERDYUCHENKO
1989
Kiryanov Aleksandr Vladimirovich
Taganrog
28/01/2019 to
08/11/2021
Leninskiy District Court of Rostov-on-Don, Rostov Regional Court
2 year(s) and 9 month(s) and 12 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
Art. 5 (4) - excessive length of judicial review of detention:
Leninskiy District Court of Rostov-on-Don, 24/05/2021, appeal decision by the Rostov Regional Court on 21/06/2021
3,500
45363/21
30/08/2021
Sergey Yegorovich MARAKOV
1949
Sabinin Andrey Vasilyevich
Stavropol
21/12/2020 to
11/10/2021
Leninskiy District Court of Grozny, Supreme Court of the Chechen Republic
9 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; 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
1,000
45471/21
25/08/2021
Vladimir Yevgenyevich PISARENKO
1978
Androsova Nadezhda Sergeyevna
Lipetsk
15/10/2018
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Basmannyy Disctrict Court of Moscow, Moscow City Court, Sovetskiy District Court of Lipetsk, Lipetsk Regional Court
3 year(s) and 11 month(s) and 2 day(s)
fragility of the reasons employed by the courts;
collective detention orders;
failure to conduct the proceedings with due diligence during the period of detention; 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
4,000
45967/21
26/08/2021
Mikhail Anatolyevich VASILYEV
1968
Klyubin Sergey Nikolayevich
Velikiy Novgorod
27/11/2019
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Novgorod District Court of the Novgorod Region, Novgorod Regional Court
2 year(s) and 9 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; 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 a violation of Art. 5 (3) of the Convention
3,000
46624/21
03/09/2021
Magomet Abubakarovich AMKHADOV
1972
Yalmambetov Dzhalil Saydagamatovich
Stavropol
28/10/2020 -
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
1 year(s) and 10 month(s) and 20 day(s)
fragility of the reasons employed by the courts;
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; failure to assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding
2,100
46716/21
06/09/2021
Timur Anatolyevich ISKHAKOV
1969
07/02/2019 -
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
3 year(s) and 7 month(s) and 10 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 conduct the proceedings with due diligence during the period of detention
3,800
47220/21
01/12/2021
Aleksey Vasilyevich SHEVCHUK
1974
27/08/2019 to
09/03/2022
Sovetskiy District Court of Krasnoyarsk, Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
2 year(s) and 6 month(s) and 11 day(s)
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 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
Art. 5 (4) - excessive length of judicial review of detention:
Sovetskiy District Court of Krasnoyarsk 09/03/2021, appeal lodged on 15/03/2021,
Appeal decision by the Krasnoyarsk Regional Court on 09/06/2021;
Sovetskiy District Court of Krasnoyarsk 20/05/2021, appeal lodged on 21/05/2021,
Appeal decision by the Krasnoyarsk Regional Court on 07/09/2021;
Sovetskiy District Court of Krasnoyarsk 08/09/2021, appeal lodged on 13/09/2021,
Appeal decision by the Krasnoyarsk Regional Court on 19/10/2021
3,200
47514/21
07/09/2021
Ruslan Rustemovich KHABEYEV
1997
21/07/2020 -
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
2 year(s) and 1 month(s) and 27 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 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
2,200
47713/21
11/09/2021
Nikita Yevgenyevich MALYSHEV
1997
20/04/2017
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Leninskiy District Court of Krasnoyarsk, Vakhitovskiy District Court of Kazan, Novo-Savinovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic
5 year(s) and 4 month(s) and 28 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
5,000
48020/21
09/09/2021
Georgiy Sergeyevich SHKURKO
1962
Nechiporenko Natalya Aleksandrovna
Moscow
10/09/2019
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Moscow Harrison Military Court, Appellate Military Court, Second Western Circuit Military Court
3 year(s) and 7 day(s)
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; 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
3,100
48990/21
16/09/2021
Yanis Maksimovich BIRCHAK
1990
31/03/2020
-
Pending on the date when the application was lodged with the Court, and
possibly as of 16/09/2022
Privolzhye Regional Court, Supreme Court of the Republic of Tatarstan
2 year(s) and 5 month(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; collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re‑offending, colluding or absconding
2,600
[1] Plus any tax that may be chargeable to the applicants.