THIRD SECTION
DECISION
Application no. 26277/09
Tatyana Vasilyevna KAZAKOVA
against Russia
The European Court of Human Rights (Third Section), sitting on 24 May 2018 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 18 April 2009,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The relevant details of the application are set out in the appended table.
The applicant’s complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Russian Government (“the Government”).
THE LAW
Complaints under Article 5 § 3 of the Convention
In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the alleged violations of the Convention.
The Court observes that while extending the applicant’s detention the domestic courts had relied on the existence of a reasonable suspicion of the applicant’s involvement in a number of aggravated criminal offences, the complexity of the criminal case against her and the existence of a serious risk of her re-offending, absconding or interfering with justice, confirmed, inter alia, by the pattern of her previous behavior, including a flight attempt, her financial resources, her maintaining the official position in the course of the investigation and her threats mounted against the witnesses and the latter having feared for their life and limb, and thus the ease with which the applicant could have left the country or tamper with witnesses (see Rydz v. Poland, no.13167/02, 18 December 2007, and Celejewski v. Poland, no. 17584/04, § 37, 4 August 2006). The Court is satisfied that the domestic courts cited specific facts in support of their conclusions that the applicant was liable to obstruct justice, to re-offend or abscond. They also considered a possibility of applying alternative measures but found them to be inadequate at the time. The domestic courts duly examined all the pertinent factors and gave “relevant” and “sufficient” reasons to justify the applicant’s continued detention. The Court also finds that the domestic authorities displayed “special diligence” in the conduct of the proceedings (see, for example, Khloyev v. Russia, no. 46404/13, §§ 96 107, 5 February 2015; Topekhin v. Russia, no. 78774/13, 10 May 2016; Sopin v. Russia, no. 57319/10, 18 December 2012; and Isayev v. Russia, no. 20756/04, 22 October 2009).
In view of the above, the Court finds that the applicant’s complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 14 June 2018.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Period of detention
26277/09
18/04/2009
Tatyana Vasilyevna Kazakova
20/06/1963
Liptser Yelena Lvovna
Moscow
28/03/2008 to 01/07/2010
Full & Egal Universal Law Academy