THIRD SECTION
DECISION
Application no. 75390/16
Maksim Vladimirovich LATYSHEV against Russia
and 3 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 17 December 2020 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ 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 LAWJoinder of the applications
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.Complaints under Article 5 § 3 of the Convention (excessive length of pre-trial detention)
The applicants complained that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention, which read as follows:
Article 5 § 3
“3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”
The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kudła v. Poland [GC], no. 30210/96, § 110, ECHR 2000-XI, and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006-X, with further references).Applications nos. 24924/19, 42471/19 and 47401/19
The Court notes that while extending the applicants’ detention the domestic courts had relied on the existence of a reasonable suspicion of their involvement in aggravated and violent offences, the vulnerability of the victims, the complexity of the criminal cases against the applicants and the existence of a serious risk of their absconding or interfering with justice, confirmed, inter alia, by the pattern of their behaviour, organised nature of the crimes, extensive connection to the criminal underworld and/or substantial financial resources and previous documented attempts to tamper with witnesses. The Court is satisfied that the domestic courts cited specific facts in support of their conclusions that the applicants were liable to obstruct justice, to re-offend or abscond. They also considered a possibility of applying alternative measures to those applicants but found them to be inadequate. 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 applicants’ complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.Application no. 75390/16
The Court notes that in application no. 75390/16 the most recent detention order extending the applicant’s detention against which he appealed was issued in July 2016. The appeal court upheld that order on 16 August 2016. The applicant lodged his application with the Court on 20 March 2017. Consequently, the complaint about the detention period covered by the decisions issued before 16 August 2016 is belated. The Court further observes that the applicant did not appeal against any subsequent detention orders, thus not providing the domestic authorities with an opportunity to consider whether his detention was compatible with his Convention right to trial within a reasonable time or release pending trial. His application should therefore be rejected as inadmissible in accordance with Article 35 §§ 1 and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 21 January 2021.
{signature_p_2}
Liv TigerstedtDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
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
75390/16
20/03/2017
Maksim Vladimirovich LATYSHEV
1976
28/05/2013 to
16/08/2016
Ilanskiy District Court of the Krasnoyarsk Region; Krasnoyarsk Regional Court
3 year(s) and 2 month(s) and 20 day(s)
24924/19
18/04/2019
Ruslan Alekseyevich ARKHIPOV
1995
08/03/2017 to
14/06/2019
Supreme Court of the Republic of Tatarstan;
Sovetskiy District Court of Kazan
2 year(s) and 3 month(s) and 7 day(s)
42471/19
05/08/2019
Artem Andreyevich KHRAMTSOV
1985
Potapov Artem Leonidovich
Abakan
02/11/2015 to
24/04/2019
Abakan Town Court of the Khakassia Republic
3 year(s) and 5 month(s) and 23 day(s)
47401/19
21/08/2019
Sergey Olegovich BARYBIN
1974
22/08/2018
to 29/09/2020
Kirovskiy District Court of Krasnoyarsk;
Tsentralniy District Court of Krasnoyarsk;
Krasnoyarsk Regional Court
2 year(s) and 1 month(s) and 7 day(s)
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