Published on 5 February 2024
FIRST SECTION
Application no. 78918/17
Razmik Edikovich KAZNACHEYEV against Russia
and 10 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 11 January 2024, 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
78918/17*
29/10/2017
Razmik Edikovich KAZNACHEYEV
1972
23/01/2014
pending on the date when the application was lodged
Oktyabrskiy District Court of Stavropol, Stavropol Regional Court
More than 9 year(s) and 9 month(s) and 29 day(s)
fragility of the reasons employed by the courts;
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 - delayed review of the detention order, Oktyabrskiy District Court of Stavropol, 24/01/2018, appeal lodged on 25/01/2018, Stavropol Regional Court, 05/04/2018, raised on 03/06/2018
45621/18*
20/09/2018
Petr Kimovich MILOSERDOV
1976
Irina Vladimirovna Khrunova
Kazan
25/01/2018 to
19/05/2019
Khamovnicheskiy District Court of Moscow, Nagatinskiy District Court of Moscow, Moscow City Court
1 year(s) and 3 month(s) and 25 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention - the appeals against the detention orders of the Khamovnicheskiy District Court of Moscow of 21/02/2018, 20/04/2018, 19/07/2018 were examined by the Moscow City Court on 26/03/2018, 23/05/2018, 15/08/2018 respectively,
Art. 8 (1) - refusal of leave to prisoner for attending funeral of close relatives - On 11/03/2019 the Nagatinskiy District Court of Moscow did not rule as to the applicant’s request to attend his father’s funeral and adjourned the hearing (see Lind v. Russia, §§ 87-99); final decision on the matter was taken by the Moscow City Court on 10/04/2019
18658/19
21/03/2019
Maksim Vitalyevich ROSHCHIN
1979
Ilnur Ilgizovich Sharapov
Moscow
16/03/2018 to
06/08/2020
Dorogomilovskiy District Court of Moscow, Lyublinksiy District Court of Moscow, Moscow City Court
2 year(s) and 4 month(s) and 22 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 conduct the proceedings diligently leading to excessive length of detention on remand
32390/20*
28/07/2020
Dmitriy Yuryevich SPORYKHIN
1985
08/08/2018
pending on the date when the application was lodged
Basmannyy District Court of Moscow, Moscow City Court
More than 5 year(s) and 3 month(s) and 15 day(s)
fragility of the reasons employed by the courts;
collective detention orders;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
5326/21*
06/01/2021
Nikolay Nikolayevich PLATOSHKIN
1965
Memorial Human Rights Centre
Moscow
04/06/2020
pending on the date when the application was lodged
Basmannyy District Court of Moscow, Moscow City Court
More than 3 year(s) and 5 month(s) and 19 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 10 (1) - various restrictions on the right to freedom of expression - arrest and prosecution under articles 212 and 207.1 of the Criminal Code for encouraging mass disorders and public disclosure of untrue information; proceedings pending on the date when the application was lodged with the Court
42407/21*
07/08/2021
Aleksey Vladimirovich KUZNETSOV
1986
Yuliya Fedotova
Yekaterinburg
12/12/2019
pending on the date when the application was lodged
Chertanovskiy District Court of Moscow, Moscow City Court
More than 3 year(s) and 11 month(s) and 11 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention -
Moscow City Court, 09/12/2020 -
First Appellate Court of General Jurisdiction;
09/02/2021
Moscow City Court, 09/03/2021 -
First Appellate Court, 13/04/2021’
Moscow City Court, 01/04/2021 -
First Appellate Court, 18/05/2021,
Art. 8 (1) - unlawful search - Search of the residential flat; Chertanovskiy District Court of Moscow, 13/12/2019, Moscow City Court rejected the appeal complaint on 09/02/2021; 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: no sifting procedure of the electronic data, no relevant or sufficient reasons to justify the search: no reasons given why any relevant objects or documents might be found during the search; the applicant is an individual entrepreneur who is charged under Art. 159 § 4 and 303 § 1 of the CC
44113/21*
16/08/2021
Artem Vladimirovich PASHURA
1990
19/09/2019 to
04/03/2021
Severo-Eniseisky District Court of Krasnoyarsk Region, Krasnoyarsk Regional Court
1 year(s) and 5 month(s) and 14 day(s)
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 examine the possibility of applying other measures of restraint
13928/22
28/02/2022
Dmitriy Sergeyevich BARANOVSKIY
1979
Memorial Human Rights Centre
Moscow
31/01/2021 to
30/08/2021
Basmannyy District Court of Moscow, Preobrazhenskiy District Court of Moscow, Moscow City Court
7 month(s)
fragility of the reasons employed by the courts;
collective detention orders;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 10 (1) - conviction for making calls to participate in public events - conviction under article 236 of the Criminal Code for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy in Moscow; final decision: Moscow City Court, 14/10/2021, restriction on freedom of movement
18289/22*
19/03/2022
Bulat Galiyevich BILALOV
1982
Yana Viktorovna Kovaleva
Kazan
05/11/2019 to
22/09/2021
Vakhitovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic
1 year(s) and 10 month(s) and 18 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;
failure to examine the possibility of applying other measures of restraint
20949/22
04/04/2022
Armen Vardanovich ARAMYAN
1997
Andrey Vasilyevich Sabinin
Stavropol
14/04/2021 to
12/04/2022
Basmannyy District Court of Moscow, Moscow City Court
11 month(s) and 30 day(s)
fragility of the reasons employed by the courts;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed;
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 - Detention orders of the Basmannyy District Court of Moscow and Justice of the Peace of 208 Court Circuit of the Dorogomilovo District of 10/09/2021 (appeal lodged on 13/09/2021), 01/10/2021 (appeal lodged on 04/10/2021) and 09/11/2021 were considered by the Moscow City Court and Dorogomilovskiy District Court on 11/10/2021, 20/10/2021 and 09/12/2021
30581/22
28/05/2022
Nataliya Borisovna TYSHKEVICH
1994
Andrey Vasilyevich Sabinin
Stavropol
14/04/2021 to
12/04/2022
Justice of the Peace of the 208 Court Circuit of the Dorogomilovskiy District of Moscow, Basmannyy District Court of Moscow, Dorogomilovskiy District Court, Moscow City Court
11 month(s) and 30 day(s)
fragility of the reasons employed by the courts;
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 - Justice of the Peace of the 208 Court Circuit of the Dorogomilovskiy District of Moscow, 09/11/2021, Dorogomilovskiy District Court of Moscow, 09/12/2021