Communicated on 1 December 2016
THIRD SECTION
Application no. 50147/07
Arsen MKRTCHYAN against Russia
lodged on 26 October 2007
STATEMENT OF FACTS
The applicant, Mr Arsen Mkrtchyan, is an Armenian national who was born in 1969 and currently lives in Yerevan.
In August 2004, the applicant was charged with fraud in Armenia and his name was placed on the list of fugitives from justice.
On 23 August 2005 the applicant was arrested in Ufa, Russia, but was released on 15 October because the Armenian authorities had not submitted an extradition request.
On 8 November 2006 the applicant was re-detained in Ufa. On an unspecified date the Russian Prosecutor General received an extradition request from his Armenian counterpart.
On application from the prosecutor’s office in Ufa, on 27 December 2006 the Kirovskiy District Court in Ufa remanded the applicant in custody, without setting time-limit for his detention. On 13 February 2007 the Supreme Court of Bashkortostan upheld the detention order on appeal.
On 23 March 2007 a deputy Prosecutor General granted the extradition request; on 17 July 2007 the Supreme Court of Russia upheld that decision in final instance.
On 24 August 2007 the applicant was extradited to Armenia where he was acquitted of all charges and released.
On 16 February 2008, when attempting to return to Russia, the applicant was detained by the Russian border control and held in custody until 22 February 2008, without a judicial decision.
COMPLAINTS
The applicant complains under Article 5 of the Convention about his excessively long detention in Russia without a judicial decision or a specific time-limit.
Questions TO THE PARTIES
Was the applicant’s detention with a view to extradition “lawful” for the purposes of Article 5 of the Convention (see Nasrulloyev v. Russia, no. 656/06, § 77, 11 October 2007)? What was the legal basis for his detention from 8 November to 27 December 2006? Were the extradition proceedings conducted with due diligence? What was the legal basis for the applicant’s detention between 16 and 22 February 2008?
Full & Egal Universal Law Academy