Published on 27 March 2023
FOURTH SECTION
Application no. 41907/20
Aleksandr Sergeyevich LOBKOVSKIY against Russia
and 60 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 March 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 the complaints raised under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention 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
41907/20
11/01/2021
Aleksandr Sergeyevich LOBKOVSKIY
1981
16/04/2020
pending
Sovetskiy District Court of Krasnoyarsk, Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
More than
2 year(s) and
7 month(s) and 21 day(s)
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
49670/20*
16/02/2021
Dmitriy Mukhammadzhonovich KHAYDAROV
1976
19/06/2020
pending
Kirovskiy District Court of Novosibirsk; Novosibirsk Regional Court
More than
2 year(s) and 5 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 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
1697/21
10/12/2020
Maksim Valeryevich CHUGUNOV
1982
Oleg Sergeyevich Muravyev
Moscow
25/09/2019
pending
Tverskoy District Court of Moscow, Moscow City Court, First Appellate Court
More than
3 year(s) and 2 month(s) and 12 day(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. 5 (5) - lack of, or inadequate compensation, for the violation of
Article 5 § 3 of the Convention.
3603/21*
07/12/2020
Ziyafat Guseyn ogly PIRIYEV
1970
18/07/2017
pending
Kalininskiy District Court of St Petersburg, Moscovskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court
More than
5 year(s) and 4 month(s) and 19 day(s)
fragility of the reasons employed by the courts;
collective detention orders;
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. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in an overcrowded glass cabin in St Petersburg City Court (16/07/2018 - pending) with other co-defendants; with a very limited private space; lack of fresh air.
4103/21
30/12/2020
Vladislav Andreyevich KISELEV
1995
Tatyana Viktorovna Sukhareva
Moscow
03/07/2019
pending
Sovetskiy District Court of Nizhniy Novgorod, Nizhniy Novgorod Regional Court
More than
3 year(s) and 5 month(s) and 4 day(s)
collective detention orders; 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
4334/21
30/12/2020
Igor Vasilyevich AROKIN
1972
Vyacheslav Spartakovich Kim
Abakan
29/12/2016 to
28/09/2020
Abakan Town Court, Supreme Court of Republic of Khakassia
3 year(s) and
9 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;
collective detention orders;
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;
failure to examine the possibility of applying other measures of restraint
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Confinement in a metal cage during first-instance hearings. Numerous placements in a metal cage with the most recent being on 28/09/2020.
4532/21
29/12/2020
Anton Sergeyevich BATAYEV
1983
Vyacheslav Vasilyevich Savin
Stavropol
18/06/2020
pending
Leninskiy Distrcit Court of Stavropol; Stavropol Regional Court
More than
2 year(s) and 5 month(s) and 19 day(s)
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 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
4538/21*
21/12/2020
Sergey Aleksandrovich PROKHOROV
1987
Aleksandr Vladimorovich Molokhov
Moscow
22/07/2020
pending
Babushkinskiy District Court of Moscow, Moscow City Court
More than
2 year(s) and 4 month(s) and 15 day(s)
fragility of the reasons employed by the courts;
collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
7307/21*
29/12/2020
Sayd-Emin Khabilovich IBISHEV
1977
Dmitriy Aleksandrovich Ustyuzhaninov
St Petersburg
18/07/2017
pending
Sestroretskiy District Court of St Petersburg, Kalininskiy District Court of St Petersburg, Moskovkiy District Court of St Petersburg, St Petersburg City Court
More than
5 year(s) and 4 month(s) and 19 day(s)
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
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Complaint about placement of the applicant in a overcrowded glass cabin on numerous occasions during the proceedings in St Petersburg City Court concerning his detention orders (the period from 13/07/2018 - pending). The applicant claims that one of his co-accused sick with COVID-19 was kept in the same glass cabin with the applicant and other
co-accused.
7385/21
05/05/2021
Mikhail Yuryevich BASHAGUROV
1971
09/11/2016 to
17/12/2018
23/05/2019
pending
Sovetskiy District Court of Tomsk, Tomsk Regional Court
2 year(s) and
1 month(s) and 9 day(s)
More than
3 year(s) and 6 month(s) and 14 day(s)
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; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
7746/21
29/01/2021
Vladimir Fedorovich KUPAVSKIY
1966
10/12/2020
pending
Perm Garrison Military Court; Central Circuit Military Court
More than
1 year(s) and 11 month(s) and 27 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 assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
7898/21*
29/12/2020
Nver Arutyunovich OGANISYAN
1964
Dmitriy Aleksandrovich Ustyuzhaninov
St Petersburg
05/04/2018 to
27/08/2020
Moskovskiy District Court of
St Petersburg,
St Petersburg City Court, Second Appellate Court
2 year(s) and
4 month(s) and 23 day(s)
collective detention orders; 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 of the reasons employed by the courts
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Complaint about placement of the applicant in an overcrowded glass cabin on numerous occasions during the proceedings in St Petersburg City Court concerning his detention orders (the period from 03/04/2019 till 27/08/2020). The applicant claims that one of his co-accused sick with COVID-19 was kept in the same glass cabin with the applicant and other co-accused.
7968/21*
29/12/2020
Murat Vakhayevich EZHAYEV
1986
Dmitriy Aleksandrovich Ustyuzhaninov
St Petersburg
05/04/2018
pending
Moskovskiy Disrtict Court of St Petersburg, St Petersburg City Court, Second Appellate Court
More than
4 year(s) and 8 month(s) and 2 day(s)
fragility of the reasons employed by the courts;
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 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 - placement in an overcrowded glass cabin on numerous occasions during the proceedings in St Petersburg City Court (the period from 03/04/2019 - pending).
The applicant claims that one of his co-accused sick with COVID-19 was kept in the same glass cabin with the applicant and other co-accused.
9289/21*
25/01/2021
Aglyam Kiyamovich SADRETDINOV
1951
Robert Nurgaleyevich Khaliullin
Kazan
16/07/2020
pending
Sovetskiy District Court of Kazan, Supreme Court of the Tatarstan Republic
More than
2 year(s) and 4 month(s) and 21 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 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. 3 - use of metal cages and/or other security arrangements in courtrooms - during the proceedings related to the preventive measure before the Sovetskiy District Court of Kazan from 17/07/2020.
10255/21*
31/01/2021
Zhanna Nikolayevna IDILOVA
1979
Tatyana Viktorovna Sukhareva
Moscow
30/08/2018 to
02/08/2021
Babushkinskiy District Court of Moscow, Odintsovskiy Town Court of the Moscow Region, Moscow City Court
2 year(s) and 11 month(s) and 4 day(s)
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;
fragility of the reasons employed by the courts
11527/21*
03/02/2021
Andrey Aleksandovich GANYUSHIN
1979
04/05/2017 to
15/10/2020
09/04/2021
pending
Volgograd Regional Court,
Moscow City Court, First Appeal Court
3 year(s) and
5 month(s) and 12 day(s)
More than
1 year(s) and 7 month(s) and 28 day(s)
failure to conduct the proceedings with due diligence during the period of detention;
collective detention orders; 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;
fragility of the reasons employed by the courts;
failure to examine the possibility of applying other measures of restraint
11711/21
18/02/2021
Nikita Valeryevich LUKYANOV
1985
Marina Vladimirovna Pchelintseva
Moscow
27/03/2019
pending
Preobrazhenskiy District Court of Moscow, Izmaylovskiy District Court of Moscow, Moscow City Court
More than
3 year(s) and 8 month(s) and 10 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
12193/21*
10/02/2021
Andrey Mikhaylovich DAVYDENKO
1982
18/05/2017
pending
Tverskoy District Court of Moscow, Perovskiy District Court of Moscow, Moscow City Court
More than
5 year(s) and 6 month(s) and 19 day(s)
fragility of the reasons employed by the courts;
failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;
collective detention orders
12530/21*
26/02/2021
Vitaliy Vasilyevich PONOMAREV
1959
Aleksandr Vladimirovich Zimin
St Petersburg
11/08/2020
pending
Oktyabrskiy District Court of
St Petersburg,
St Petersburg City Court
More than
2 year(s) and 3 month(s) and 26 day(s)
failure to examine the possibility of applying other measures of restraint; 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 conduct the proceedings with due diligence during the period of detention
12907/21*
26/02/2021
Yerlan Yuryevich USAYEV
1996
Damir Rafaelevich Abdullayev
Astrakhan
30/08/2019
pending
Trusovskiy District Court of Astrakhan, Leninskiy District Court of Astrakhan, Astrakhan Regional Court
More than
3 year(s) and 3 month(s) and 7 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 examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention
14883/21
16/02/2021
Aziyat Mikhaylovich ORUSTUK
1985
14/04/2020
pending
Emelyanovskiy District Court of Krasnoyarsk Region, Krasnoyarsk Regional Court
More than
2 year(s) and 7 month(s) and 23 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
14903/21
17/02/2021
Aleksandr Nikolayevich VISHNYAKOV
1988
Andrey Aleksandrovich Dunin
Kozmodemyansk
11/11/2020
pending
Gornomariyskiy District Court of Mari El Republic, Supreme Court of Mari El Republic
More than
2 year(s) and 26 day(s)
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
15558/21*
16/03/2021
Ilya Vladimirovich KUFMAN
1969
Dmitriy Aleksandrovich Kozinets
Moscow
02/09/2020
pending
Zamoskvoretskiy District Court of Moscow; Moscow City Court
More than
2 year(s) and 3 month(s) and 5 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 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
15677/21*
05/03/2021
Sergey Aleksandrovich BELOUSOV
1987
Tatyana Anatolyevna Artemova
Moscow
17/04/2019
pending
Moscow Garrison Military Court, Second Western Circuit Military Court, Appeal Military Court
More than
3 year(s) and 7 month(s) and 20 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 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 - 01/10/2020, Second Western Circuit Military Court
29/10/2020, Appeal Military Court.
16293/21*
19/03/2021
Akif Choban ogly BADALOV
1964
Oksana Yuryevna Yampolskaya
Moscow
07/05/2019
pending
Moskovskiy District Court of Cheboksary; Leninskiy District Court of Cheboksary; Shcherbinskiy District Court of Moscow; Moscow City Court
More than
3 year(s) and 7 month(s)
failure to conduct the proceedings with due diligence during the period of detention;
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
17831/21
18/03/2021
Dmitriy Viktorovich YAKUSHEV
1980
19/04/2017 to
27/07/2021
Leninskiy District Court of Krasnoyarsk; Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic
4 year(s) and
3 month(s) and
9 day(s)
collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
18064/21*
12/03/2021
Anton Ivanovich STARK
1987
Anna Vladimirovna Varlakova
Yekaterinburg
01/12/2018
pending
Verkh-Isetskiy District Court of Yekaterinburg, Tverskoy Districty Court of Moscow, Moscow City Court, Sverdlovsk Regional Court, First Appellate Court
More than
4 year(s) and 6 day(s)
fragility of the reasons employed by the courts; collective detention orders; 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
18069/21*
31/03/2021
Dilfuza Mamasharifovna CHUTBAYEVA
1971
Dmitriy Mikhaylovich Khlystov
Moscow
02/06/2020
pending
Khoroshevskiy District Court of Moscow, Moscow City Court
More than
2 year(s) and 6 month(s) and 5 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;
failure to examine the possibility of applying other measures of restraint
19201/21
22/03/2021
Aleksey Alekseyevich KHODYREV
1987
Oleg Valentinovich Ilyin
Moscow
26/02/2020
pending
Tverskoy District Court of Moscow, Moscow City Court
More than
2 year(s) and 9 month(s) and 11 day(s)
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; fragility of the reasons employed by the courts
20375/21
14/04/2021
Sergey Aleksandrovich NEVSKIY
1966
Sergey Aleksandrovich Nasonov
Moscow
17/11/2020
pending
Dorogomilovskiy District Court of Moscow, Moscow City Court
More than
2 year(s) and 20 day(s)
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; 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
20541/21*
29/03/2021
Ivan Valeryevich LYSOV
1991
Natalya Petrovna Li
St Petersburg
22/08/2019
pending
Kalininskiy District Court of
St Petersburg, Kuybyshevskiy District Court of
St Petersburg,
St Petersburg City Court, Second Appellate Court
More than
3 year(s) and 3 month(s) and 15 day(s)
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; 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
Art. 5 (5) - lack of, or inadequate compensation, for the violation of
Article 5 § 3 of the Convention.
21102/21*
29/03/2021
Kirill Mikhaylovich LYNNIK
1994
14/02/2018
pending
Sovetskiy Distrcit Court of Krasnoyarsk, Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
More than
4 year(s) and 9 month(s) and 23 day(s)
fragility of the reasons employed by the courts; collective detention orders; failure to examine the possibility of applying other measures of restraint
24213/21
24/02/2021
Rustam Mukharamovich NAFIKOV
1994
19/04/2017 to
27/07/2021
Sverdlovskiy District Court of Krasnoyarsk; Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic
4 year(s) and
3 month(s) and
9 day(s)
collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
24229/21
24/02/2021
Nikolay Vladimirovich ISTOMIN
1994
16/04/2017 to
27/07/2021
Vakhitovskiy District Court of Kazan; Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic
4 year(s) and
3 month(s) and
12 day(s)
collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
24230/21
08/03/2021
Ilshat Ildarovich ORLOV
1988
18/02/2020
pending
Vakhitovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic
More than
2 year(s) and 9 month(s) and 19 day(s)
fragility of the reasons employed by the courts; 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
25740/21*
30/04/2021
Sergey Petrovich KALININ
1963
Sergey Aleksandrovich Knyazkin
Moscow
03/11/2020
pending
Moscow City Court, First Appellate Court
More than
2 year(s) and 1 month(s) and 4 day(s)
fragility of the reasons employed by the courts;
failure to conduct the proceedings with due diligence during the period of detention;
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
26274/21
21/04/2021
Pavel Nikolayevich PUSHKANOV
1985
20/04/2017 to
27/07/2021
Leninsky District Court of Krasnoyarsk, Novo-Savinovsky Distirct Court of Kazan, Supreme Court of Tatarstan Republic
4 year(s) and
3 month(s) and
8 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 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;
collective detention orders
26732/21*
02/05/2021
Anatoliy Alekseyevich STEPANOV
1989
20/12/2017
pending
Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic
More than
4 year(s) and 11 month(s) and 17 day(s)
failure to examine the possibility of applying other measures of restraint; 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
28089/21
06/05/2021
Denis Aleksandrovich MARTYNIN
1994
21/09/2018
pending
Sovetskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court
More than
4 year(s) and 2 month(s) and 16 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 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
28607/21
14/05/2021
Aleksandr Mikhaylovich AKHMEDOV
1981
13/10/2019
pending
Naberezhnyye Chelny Town Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic
More than
3 year(s) and 1 month(s) and 24 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 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
30589/21
15/05/2021
Rishat Eduardovich NIGMATZYANOV
1996
30/09/2018
pending
Almetyevsk Town Court of Tatarstan Republic, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court
More than
4 year(s) and 2 month(s) and 7 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 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 - detention order - 30/04/2021, Supreme Court of Tatarstan Republic; appealed on 04/05/2021; appeal judgment - 26/05/2021, Fourth Appellate Court.
31474/21
28/05/2021
Guzer Valeryevich KHASHUKAYEV
1980
Artur Olegovich Speranskiy
Moscow
30/01/2019
pending
Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court
More than
3 year(s) and 10 month(s) and 7 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 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; collective detention orders
33430/21
03/06/2021
Lenar Gumarovich RAKHMATULLIN
1986
23/05/2019
pending
Zelenodolsk Town Court of the Tatarstan Republic, Pestrechinskiy District Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic, Fourth Appellate Court
More than
3 year(s) and 6 month(s) and 14 day(s)
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;
fragility of the reasons employed by the courts;
collective detention orders
Art. 5 (4) - excessive length of judicial review of detention - 15/12/2020, Supreme Court of the Tatarstan Republic, 21/01/2021, Fourth Appellate Court; 18/01/2021, Supreme Court of the Tatarstan Republic, 18/02/2021, Fourth Appellate Court.
35298/21
30/06/2021
Anton Arkadyevich MOZGOVOY
1988
07/07/2020
pending
Leninsky District Court of Krasnoyarsk, Zheleznodorozhny District Court of Krasnoyarsk, Krasnoyarsk Regional Court
More than
2 year(s) and 5 month(s)
fragility of the reasons employed by the courts;
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 - the applicant was kept in a cage on several occasions during the proceedings in Zheleznodorozhnyy District Court of Krasnoyarsk, starting from 01/09/2020 to 28/04/2021;
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
35393/21
07/06/2021
Aleksey Aleksandrovich SAZONOV
1982
21/02/2017 to
27/07/2021
Novo-Savinovskiy District Court of Kazan, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic
4 year(s) and
5 month(s) and
7 day(s)
collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint; 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
37883/21*
13/07/2021
Igor Razmikovich MNATSAKANOV
1977
Aleksandr Vasilyevich Savin
Stavropol
12/02/2021 to
16/06/2022
Leninskiy District Court of Stavropol, Stavropol Regional Court, the Third Appellate Court
1 year(s) and
4 month(s) and 5 day(s)
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 - Extension order by Stavropol Regional Court of 27/10/2021 reviewed on appeal by the Third Appellate Court on 13/12/2021
Extension order of 07/04/2022 by the Stavropol Regional Court reviewed on appeal by the Third Appellate Court on 19/05/2022 (appeal lodged on 09/04/2022).
39065/21*
29/07/2021
Vitaliy Vilayatovich MUSAYEV
1989
Aleksandr Anatolyevich Anokhin
Astrakhan
02/07/2020 to
07/10/2021
Nevskiy District Court of
St Petersburg,
St Petersburg City Court, Second Western Circuit Military Court, Appellate Military Court
1 year(s) and
3 month(s) and
6 day(s)
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
Art. 5 (4) - excessive length of judicial review of detention - Second Western Circuit Military Court, 17/08/2021,
Appellate Military Court 01/11/2021.
40912/21*
30/07/2021
Anatoliy Nikolayevich RYKOV
1979
Yuliya Vladimirovna Strelkova
Moscow
17/10/2018
pending
Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court of General Jurisdiction, Supreme Court of the RF, Khamovnicheskiy District Court of Moscow
More than
4 year(s) and 1 month(s) and 20 day(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;
failure to examine the possibility of applying other measures of restraint
Art. 5 (4) - excessive length of judicial review of detention – decision by the Supreme Court of the Russian Federation of 29/12/2020 reviewed by the Supreme Court of the Russian Federation sitting as an appellate court on 18/02/2021; decision by the Khamovnicheskiy District Court of Moscow of 31/03/2021 reviewed by the Moscow City Court on 11/05/2021;
Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - SIZO-5 Moscow; refusals on the ground to preserve the confidentiality of investigation, no communication with relatives.
43578/21*
01/12/2021
Aleksandr Vladimirovich BELOV
1982
Oleksandr Ovchynnykov
Strasbourg
26/08/2019 pending
Sovetskiy District Court of Krasnoyarsk, Centralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Appeal Court
More than
3 year(s) and 3 month(s) and 19 day(s)
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
Art. 5 (4) - excessive length of judicial review of detention -
First-instance court, date of detention orders:
Sovetskiy District Court of Krasnoyarsk, 09/03/2021;
Sovetskiy District Court of Krasnoyarsk, 20/05/2021;
Sovetskiy District Court of Krasnoyarsk, 08/09/2021;
Sovetskiy District Court of Krasnoyarsk, 01/12/2021.
Appeal court, date of decisions, respectively:
Krasnoyarsk Regional Court, 09/06/2021;
Krasnoyarsk Regional Court, 07/09/2021;
Krasnoyarsk Regional Court, 19/10/2021;
Krasnoyarsk Regional Court, 08/02/2022;
Art. 8 (1) - restrictions on family visits in pre-trial facilities - SIZO-1 Krasnoyarsk, 26/08/2019 - 09/03/2022: physical separation and supervision during short-term family visits with the applicant’s wife, refusals of long-term family visits with her;
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits.
44954/21*
23/08/2021
Yevgeniy Aleksandrovich GURTYAKOV
1984
Andrey Yevgenyevich Golubenko
Nea Skiony
20/03/2018 pending
Kirovskiy District Court of Tomsk, Oktyabrskiy District Court of Tomsk, Tomsk Regional Court
More than
4 year(s) and 8 month(s) and 23 day(s)
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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings - and in respect of inadequate conditions of detention during transport and permanent video surveillance of detainees in pre-trial or post-conviction detention facilities;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kirovskiy District Court of Tomsk, Oktyabrskiy District Court of Tomsk, Tomsk Regional Court, 22/03/2018 – ongoing;
Art. 3 - inadequate conditions of detention during transport - van; 0,2-0.3 sq. m. per inmate; 22/03/2018-23/07/2021; overcrowding, applicant transported on numerous occasions, inadequate temperature, no or restricted access to toilet, no or restricted access to potable water;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Tomsk Region, 20/09/2018-23/07/2021, opposite-sex operators, video surveillance in a lavatory and/or shower room;
Art. 5 (4) - excessive length of judicial review of detention:
Oktyabrskiy District Court of Tomsk, 04/02/2021, Tomsk Regional Court, 19/04/2021;
Oktyabrskiy District Court of Tomsk, 30/04/2021, Tomsk Regional Court, 07/06/2021.
46205/21*
23/08/2021
Yelena Vladimirovna TROFIMOVA
1995
27/04/2018 to
13/10/2021
Vahitovskiy District Court of Kazan, Supreme Court of Tatarstan Republic, the Fourth Appellate Court
3 year(s) and
5 month(s) and 17 day(s)
fragility of the reasons employed by the courts;
failure to examine the possibility of applying other measures of restraint
Art. 5 (4) - excessive length of judicial review of detention - Extension order by the Supreme Court of Tatarstan Republic of 28/04/2021 reviewed by the Fourth Appellate Court on 11/06/2021.
53915/21*
19/10/2021
Aleksandr Sergeyevich FEDERYAKOV
1984
Aleksandr Aleksandrovich Borkov
Moscow
31/03/2021
pending
Presnenskiy District Court of Moscow, Moscow City Court
More than
1 year(s) and 8 month(s) and 7 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 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
56836/21*
24/10/2021
Pavel Sergeyevich YASTREBOV
1979
17/06/2020
pending
Nevskiy District Court of
St Petersburg,
St Petersburg City Court, Second Appellate Court
More than
2 year(s) and 5 month(s) and 20 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 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:
St Petersburg City Court 15/06/2021,
Second Appellate Court 08/07/2021, appeal lodged on 16/06/2021;
St Petersburg City Court 25/08/2021,
Second Appellate Court 23/09/2021,
appeal lodged on 26/08/2021.
57704/21*
14/01/2022
Vladimir Gennadyevich KUZNETSOV
1982
09/09/2021
pending
Kirovskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
More than
1 year(s) and 2 month(s) and 28 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 examine the possibility of applying other measures of restraint
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kirovskiy District Court of Krasnoyarsk, 09/09/2021-pending.
58753/21*
26/10/2021
Aleksey Viktorovich VLASENKO
1965
Igor Stanislavovich Shurpik
Moscow
16/03/2021
pending
Basmanniy District Court of Moscow, Meshchanskiy District Court of Moscow, Moscow City Court
More than
1 year(s) and 8 month(s) and 21 day(s)
collective detention orders; 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 of the reasons employed by the courts
622/22
16/12/2021
Nikolay Aleksandrovich SHUKHOV
1976
Taras Valeryevich Yashchenko
Moscow
10/07/2020
pending
Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court
More than
2 year(s) and 4 month(s) and 27 day(s)
failure to examine the possibility of applying other measures of restraint; 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. 5 (4) - excessive length of judicial review of detention - The applicant claims that on 09/06/2021 he appealed against the decision extending his pre-trial detention of 07/06/2021. However, an appeal hearing took place only on 01/09/2021,
2 months and 23 days later;
Art. 8 (1) - restrictions on family visits in pre-trial facilities - Refusal on 25/03/2022 of long-term family visits (Resin v. Russia (no. 9348/14, §§ 39 41, 18 December 2018).
3178/22*
09/01/2022
Ketevan Guramovna KHARAIDZE
1958
Valentina Viktorovna Yashchenko
Krasnogorsk
19/06/2021
pending
Khamovnicheskiy District Court of Moscow, Tverskoy District Court of Moscow, Moscow City Court
More than
1 year(s) and 5 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 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 - 1) the complaint against the detention order of 11/08/2021 was examined on 13/09/2021 by Moscow City Court.
2) the complaint against the detention order of 13/09/2021 was examined on 13/10/2021 by Moscow City Court.
3) the complaint against the detention order of 11/11/2021 was examined on 28/02/2022 by Moscow City Court,
Art. 5 (5) - lack of, or inadequate compensation, for the violation of
Article 5 § 3 of the Convention.
4940/22*
18/12/2021
Yuriy Mikhaylovich KHOVANSKIY
1990
Aleksandr Dmitriyevich Peredruk
St Petersburg
08/06/2021 to
29/12/2021
Dzerzhinskiy District Court of
St Petersburg, Kuybyshevskiy District Court of
St Petersburg,
St Petersburg City Court
6 month(s) and
22 day(s)
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 - Detention orders issued by the Dzerzhinskiy District Court of St Petersburg on 10/06/2021, by the Kuybyshevskiy District Court of
St Petersburg on 06/08/2021, 07/09/2021, 06/10/2021, 03/11/2021 were reviewed by the St Petersburg City Court, respectively, on 14/07/2021 (appeal lodged on 22/06/2021, 22 days); 08/09/2021 (appeal lodged on 09/08/2021, 30 days); 13/10/2021 (appeal lodged on 08/09/2021, 35 days); 10/11/2021 (appeal lodged on 11/10/2021, 30 days); 22/12/2021 (appeal lodged on 09/11/2021, 42 days).
6118/22*
27/12/2021
Yevgeniy Sergeyevich KOZACHENKO
1979
14/06/2020
pending
Primorskiy District Court of Saint Petersburg; Kuybyshevskiy District Court of Saint Petersburg; Saint Petersburg City Court; Second Appellate Court
More than
2 year(s) and 5 month(s) and 23 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 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 - Detention extension order of 11/10/2021, St Petersburg City Court, appeal lodged on 14/10/2021, appeal hearing on 17/11/2021, Second Appellate Court.
6490/22*
20/12/2021
Sergey Valeryevich AGAPOV
1983
17/02/2021
pending
Kuybyshevskiy District Court of
St Petersburg,
St Petersburg City Court
More than
1 year(s) and 9 month(s) and 20 day(s)
failure to examine the possibility of applying other measures of restraint; 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
Art. 5 (4) - excessive length of judicial review of detention - detention orders of 14/04/2021 and 15/07/2021 by the Kuybyshevskiy District Court of
St Petersburg, upheld on appeal by the
St Petersburg City Court on 21/07/2021 and 06/10/2021 respectively,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Detention in a metal cage during the trial court hearings. The criminal proceedings are pending since 16/02/2021.
6751/22
27/01/2022
Sergey Yevgenyevich MESHALKIN
1989
30/05/2019
pending
Tverskoy District Court of Moscow, Moscow City Court, 1-st Court of Appeal, Kuntsevskiy District Court of Moscow
More than
3 year(s) and 6 month(s) and 7 day(s)
failure to conduct the proceedings with due diligence during the period of detention;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice, as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - hearings in the Kuntsevskiy District Court of Moscow on 20/10/2021, 17/05/2022, 30/05/2022, 15/07/2022 and in the Moscow City Court on 10/08/2021 and 14/12/2021;
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 - The applicant’s appeals against the detention orders issued by the Kuntsevskiy District Court of Moscow on 15/06/2021, 20/10/2021, 21/03/2022 and 30/05/2022 were examined by the Moscow City Court on 10/08/2021,14/12/2021, 17/05/2022 and 15/07/2022, respectively.