Published on 13 June 2022
FIRST SECTION
Application no. 53130/20
Dmitriy Vladimirovich CHERTOK
against Hungary
lodged on 9 November 2020
communicated on 23 May 2022
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s protracted extradition detention and the absence of any meaningful judicial supervision. On 8 July 2019 the applicant, a Russian citizen, was arrested on the Romanian-Hungarian border on the basis of an international arrest warrant issued by the Russian authorities for fraud. On 10 July 2019 he was placed in provisional extradition arrest by a court. On 7 July 2020 extradition arrest was imposed by the Budapest High Court (upheld on appeal by the Budapest Court of Appeal on 7 August 2020). On 8 July 2021 the applicant was extradited to Russia. He complains of the length of the detention, under Article 5 § 1 (f) of the Convention, and of the absence of an effective procedure by which he could challenge the lawfulness of his detention, under Article 5 § 4 of the Convention.
QUESTIONS TO THE PARTIES
1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was his two-year long detention with a view to extradition justified for the purposes of Article 5 § 1 (f) of the Convention (see Quinn v. France, 22 March 1995, §§ 48-49, Series A no. 311, and Khlaifia and Others v. Italy [GC], no. 16483/12, § 90, 15 December 2016)?
2. Did the applicant have at his disposal an effective procedure by which he could challenge the lawfulness of his detention, as required by Article 5 § 4 of the Convention (see Khlaifia and Others, cited above, §§ 128‑35)?