Published on 26 June 2023
FOURTH SECTION
Application no. 3018/22
Aleksandr Viktorovich GRINEV against Russia
and 19 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 June 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
Specific defects
Other complaints under well-established case-law
3018/22*
27/12/2021
Aleksandr Viktorovich GRINEV
1968
Natalya Aleksandrovna Nechiporenko
Moscow
21/07/2021
-
pending on the date when the application was lodged with the Court
Leninskiy District Court of Stavropol, Stavropol Regional Court
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, 15/09/2021, appeal lodged on 15/09/2021, Stavropol Regional Court, 15/10/2021,
30 days.
3930/22
20/12/2021
Ayrat Maskhutovich FAYZULLIN
1989
24/01/2019
-
pending on the date when the application was lodged with the Court
Vakhitovskiy District Court of Kazan, Privolzhskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan
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
6734/22*
30/12/2021
Boris Nikolayevich YEVSTRATYEV
1965
Valeriy Vladimirovich Shukhardin
Moscow
30/06/2021
-
pending on the date when the application was lodged with the Court
Supreme Court, Chelyabinsk Regional Court, Second Appeal Court
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
8010/22
21/01/2022
Dmitriy Aleksandrovich DRYAGIN
1986
Aleksey Valeryevich Ivanov
Krasnodar
17/06/2021
-
pending on the date when the application was lodged with the Court
Leninskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Krasnodar Regional Court
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
9481/22*
02/02/2022
Svetlana Aleksandrovna PODSTAVKINA
1973
Natalya Aleksandrovna Nechiporenko
Moscow
07/09/2021 -
pending on the date when the application was lodged with the Court
Leninskiy District Court of Stavropol, Stavropol Regional Court
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, Stavropol Regional Court, 18/10/2021, 1 month and 5 days;
Leninskiy District Court of Stavropol, 29/10/2021, appeal lodged on 29/10/2021, Stavropol Regional Court, 23/11/2021, 25 days,
Art. 8 (1) - unlawful search - Search under the Code of Criminal Procedure in the applicant’s home authorised on 20/07/2021 by Investigator of Stavropol Region conducted on 20/07/2021. The lawfulness of urgent search was confirmed by the domestic courts. Final - 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.
11131/22
08/02/2022
Vladimir Olegovich VEDERNIKOV
1963
Ivan Aleksandrovich Khoroshev
Krasnoyarsk
22/09/2020 -
pending on the date when the application was lodged with the Court
Tsentralnyy District Court of Novosibirsk; Novosibirsk Regional Court
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
11363/22*
03/02/2022
Apti Uvaysovich VISAYEV
1985
Yekaterina Borisovna Belova
Moscow
22/04/2021 -
pending on the date when the application was lodged with the Court
Norilsk Town Court of the Krasnoyarsk Region, Krasnoyarsk Regional Court, Tsentralnyy District Court of Krasnoyarsk, First Eastern Circuit Military Court, Military Appellate Court
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.
11805/22*
11/02/2022
Georgiy Stanislavovich SVETLITSKIY
1998
Pavel Arkadyevich Abramov
Rostov-on-Don
06/08/2021 -
pending on the date when the application was lodged with the Court
Leninskiy District Court of Rostov-on-Don, Rostov Regional Court
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
11877/22
02/02/2022
Denis Nikolayevich KOVALEVICH
1998
Mark Vladimirovich Dobryanskiy
Perm
29/01/2021 -
pending on the date when the application was lodged with the Court
Dzerzhinskiy District Court of Perm, Sverdlovskiy District Court of Perm, Perm Regional Court
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
12636/22*
16/02/2022
Aleksandr Vadimovich BONDARENKO
1997
09/11/2020 -
pending on the date when the application was lodged with the Court
Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court
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 -
Supreme Court of the Tatarstan Republic, 29/12/2021,
Fourth Appellate Court, 26/01/2022, 28 days.
14146/22
14/02/2022
Valeriy Ivanovich MATSIYENKO
1969
Inessa Vadimovna Svechnikova
Moscow
14/02/2020 -
pending on the date when the application was lodged with the Court
Zheleznogorsk Town Court of Krasnoyarsk Region; Krasnoyarsk Regional Court
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
14291/22
17/02/2022
Vadim Vyacheslavovich REDKIN
1958
Ivan Aleksandrovich Khoroshev
Krasnoyarsk
22/09/2020 -
pending on the date when the application was lodged with the Court
Tsentralnyy District Court of Novosibirsk; Novosibirsk Regional Court; Fifth Appellate Court
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
14647/22
22/02/2022
Aleksey Aleksandrovich SHAMARDIN
1978
Aleksandr Dmitriyevich Peredruk
St Petersburg
31/08/2021 -
pending on the date when the application was lodged with the Court
Pervomayskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Timashevskiy District Court of Krasnodar, Krasnodar Regional Court
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 - pending on the date when the application was lodged with the Court.
14726/22
27/02/2022
Anzor Akhmedovich DOGUSHEV
1978
Kseniya Yevgenyevna Bezrukova
Moscow
09/07/2015 -
pending on the date when the application was lodged with the Court
Babushkinskiy District Court of Moscow, Moscow Regional Court, First Appellate Court
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 - Moscow Regional Court, 24/06/2021, appeal lodged on 28/06/2021, First Appellate Court, 01/09/2021, 2 months and 4 days.
14733/22
21/02/2022
Yevgeniy Vladimirovich NAGORNYY
1981
Yevgeniya Mikhaylovna Zyuzina
Voronezh
20/01/2021 to
04/01/2022
Kominternovskiy District Court of Voronezh, Voronezh Regional Court
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. 5 (4) - excessive length of judicial review of detention - Kominternovskiy District Court of Voronezh, 01/09/2021, Voronezh Regional Court, 15/12/2021, 3 months and 14 days,
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 -17/12/2021, during hearings on extension of pre-trial detention,
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
16405/22*
05/03/2022
Ramaz Gurbanovich MUSAYEV
1984
26/07/2020
-
pending on the date when the application was lodged with the Court
Yuzhno-Sakhalinsk Town Court of the Sakhalin Region, Sakhalin Regional Court
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
17240/22*
07/04/2022
Cheslav Cheslavich POPOV
1982
05/05/2017 to
09/12/2021
Zheleznogorsk Town Court of the Kranoyarsk Region, Leninskiy Distrcit Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Appellate Court
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 and 4 of the Convention.
18025/22*
12/03/2022
Beslan Usamovich ASAKAYEV
1971
Olga Viktorovna Golub
Suzemka
09/07/2015 -
pending on the date when the application was lodged with the Court
Babushkinskiy District Court of Moscow, Moscow City Court, Moscow Regional Court, First Appellate Court
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) - deficiencies in proceedings for review of the lawfulness of detention - Moscow Regional Court, 16/12/2021, First Appellate Court, 24/01/2022,
1 month and 8 days.
18266/22
12/03/2022
Sergey Vladimirovich KSENOFONTOV
1979
Maksim Gennadyevich Salkov
Voronezh
05/09/2016 -
pending on the date when the application was lodged with the Court
Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh, Voronezh Regional Court
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 - pending on the date when the application was lodged with the Court.
19133/22*
13/03/2022
Sergey Aleksandrovich NEKRASOV
1986
Aliya Ibragimovna Antonova
Yurga
03/12/2014 -
pending on the date when the application was lodged with the Court
Tsentralnyy District Court of Kemerovo, Kemerovo Regional Court, Yurga Town Court of Kemerovo
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 - Yurga Town Court of the Kemerovo Region, 21/10/2021, Kemerovo Regional Court, 01/12/2021, 1 month and 10 days.