Published on 30 October 2023
FIRST SECTION
Application no. 51551/18
Ruslan Vakilevich FATTAKHOV against Russia
and 15 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 5 § 3 of the Convention relating to excessive length of pre-trial detention which are the subject of well-established case law of the Court (see Dirdizov v. Russia, no. 41461/10, 27 November 2012).
APPENDIX – STATEMENT OF FACTS
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
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 - 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.
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
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Oktyabrskiy District Court of Irkutsk, 01-03/08/2018,
Art. 5 (5) - lack of, or inadequate compensation,
for the violation of Article 5 § 3 of the Convention
12275/19
14/02/2019
Konstantin Valentinovich REMIZOV
1979
Boris Aleksandrovich Fedosimov
Moscow
17/09/2018
pending on the
date when the
application
was lodged
with the Court
Taganskiy District Court of Moscow, Moscow City Court
More than
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
43804/21*
31/08/2021
Dmitriy Aleksandrovich PIPKO
1986
Artem Aleksandrovich Krylov
Moscow
20/04/2021
pending on the
date when the
application
was lodged
with the Court
235 Garrison Military Court, 2nd Western Circuit Military Court
More than
1 year(s)
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
49125/21
04/10/2021
Ilya Naumovich GAVRILOV
1970
Yekaterina Borisovna Belova
Moscow
07/02/2020
pending on the
date when the
application
was lodged
with the Court
Tverskoy District Court of Moscow, Moscow City Court, First Appellate Court
More than
2 year(s)
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
51526/21*
12/10/2021
Aleksandr Arturovich BEKHER
1975
Yekaterina Tarasova
Moscow
22/10/2020
pending on the
date when the
application
was lodged
with the Court
Savelovskiy District Court of Moscow, Moscow City Court
More than
1 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
52461/21*
11/08/2021
Anatoliy Viktorovich SKORNYAKOV
1988
16/02/2018
pending on the
date when the
application
was lodged
with the Court
Dzerzhinskiy District Court of St Petersburg,
St Petersburg City Court
More than
4 year(s)
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. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings,
Art. 5 (4) - excessive length of judicial review of detention - Dzerzhinskiy District Court of St Petersburg, 29/04/2021, St Petersburg City Court, 24/06/2021, 1 month and 25 days
53/22*
06/12/2021
Denis Aleksandrovich SHIRYAYEV
1979
Yevgeniya Igorevna Stepanova
Moscow
17/02/2021
pending on the
date when the
application
was lodged
with the Court
Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Tverskoy District Court of Moscow, Moscow City Court
More than
1 year(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 - Tverskoy District Court of Moscow, 15/07/2021, appeal lodged on 26/07/2021, Moscow City Court, 25/08/2021, 30 days
950/22*
04/12/2021
Zhasulan Zhetkenovich TULEPBEKOV
1969
Pavel Nikolayevich Zubitskiy
Moscow
17/02/2021
pending on the
date when the
application
was lodged
with the Court
Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Tverskoy District Court of Moscow, Moscow Regional Court
More than
1 year(s)
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 - Tverskoy District Court of Moscow, 15/07/2021, appeal lodged on 18/07/2021, Moscow City Court, 25/08/2021,
1 month and 7 days
1441/22
17/12/2021
Oleg Olegovich STEPANOV
1992
Andrey Vasilyevich Sabinin
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)
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
2225/22*
23/12/2021
Soltan Mazhitovich KURDANOV
1959
Irina Vladimirovna Khrunova
Kazan
10/03/2020
pending on the
date when the
application
was lodged
with the Court
Pyatigorsk Town Court of the Stavropol Region, Stavropol Regional Court, Third Appellate Court
More than
2 year(s)
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 - Stavropol Regional Court, 08/07/2021, appeal lodged on 12/07/2021, Third Appellate Court, 29/07/2021, 17 days;
Stavropol Regional Court. 06/10/2021, appeal lodged on 11/10/2021, Third Appellate Court, 11/11/2021, 1 month and 1 day
25922/22
19/05/2022
Sergey Vladimirovich KUZMENKO
1972
Yelena Nikolayevna Yarlykova
Moscow
02/04/2021
pending on the
date when the
application
was lodged
with the Court
Basmannyy District Court of Moscow, Moscow City Court
More than
1 year(s)
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
26449/22
16/05/2022
Vladimir Ivanovich SMIRNOV
1974
29/07/2019
pending on the
date when the
application
was lodged
with the Court
Vyborskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court
More than
3 year(s)
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
29892/22*
13/05/2022
Vladimir Aleksandrovich TOKAREV
1977
Aleksandr Fedorovich Borzov
Moscow
19/01/2022
pending on the
date when the
application
was lodged
with the Court
Khoroshevskiy District Court of Moscow, Moscow City Court
More than
1 year(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 Moscow, refusal of short-term visits
33428/22
21/06/2022
Boris Vladimirovich SHCHUROV
1974
Ayur Aleksandrovich Dorzhiyev
Moscow
29/10/2020
pending on the
date when the
application
was lodged
with the Court
Tverskoy District Court of Moscow, Moscow City Court
More than
1 year(s) and
9 month(s) and
26 day(s)
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
46491/22*
31/08/2022
Vyacheslav Vladimirovich DOLGANOV
1985
19/05/2022 pending on the
date when the
application
was lodged
with the Court
Tverskoy District Court of Moscow, Moscow City Court
More than
1 year(s)
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 - Tverskoy District Court of Moscow, 20/05/2022, Moscow City Court, 01/07/2022,
1 month and 11 days;
Tverskoy District Court of Moscow, 18/07/2022, Moscow City Court, 15/08/2022, 28 days,
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
Full & Egal Universal Law Academy