Published on 26 June 2023
FOURTH SECTION
Application no. 19134/22
Andrey Andreyevich NAUMENKO against Russia
and 31 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 June 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 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
Specific defects
Other complaints under
well-established case-law
19134/22
17/03/2022
Andrey Andreyevich NAUMENKO
1981
Sergey Anatolyevich Mazurov
Zheleznogorsk
20/12/2020 to
08/02/2022
Zheleznogorsk Town Court of the Kursk Region, Kursk Regional Court
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;
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 - placement in a metal cage during the hearings on his pre-trial detention between 23/12/2020 and 07/10/2021
19225/22*
17/03/2022
Gadzhiverdi Nazim Olgy GABIBOV
1969
Marina Aleksandrovna Lening
Yurga
03/12/2014 to
03/04/2019
29/10/2020 -
pending on the date when the application was lodged with the Court
Tsentralnyy District Court of Kemerovo, Yurga Town Court of the Kemerovo Region, Kemerovo Regional Court, Eighth Cassation Court
fragility of the reasons employed by the courts;
failure to conduct the proceedings with due diligence during the period of detention;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed;
failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial;
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 - Yurga Town Court of the Kemerovo Region, 21/10/2021, Kemerovo Regional Court, 01/12/2021, 1 month and 10 days;
Yurga Town Court of the Kemerovo Region 22/12/2021, Kemerovo Regional Court, 03/02/2022, 1 month and 12 days
19628/22
06/03/2022
Boris Borisovich NIKITIN
1951
Tatyana Viktorovna Sukhareva
Moscow
22/07/2020 -
pending on the date when the application was lodged with the Court
Sovetskiy District Court of Rostov-on-Don, Leninskiy District Court of
Rostov-on-Don, Rostov Regional Court, Third Appellate Court, Kirovskiy District Court of
Rostov-on-Don
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
20044/22*
06/04/2022
Oksana Vasilyevna DUDKINA
1985
01/12/2020 -
pending on the date when the application was lodged with the Court
Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Third Appellate Court
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
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Applicant’s placement in a metal cage during the hearings in the Leninskiy District Court of Rostov-on-Don and the Rostov Regional Court since 01/11/2021 - pending on the date when the application was lodged with the Court
21493/22*
21/03/2022
Ilnaz Fanisovich MUKHAMETOV
1993
29/10/2018 to
11/10/2021
Naberezhnyye Chelny Town Court of Tatarstan, Military Appellate Court
collective detention orders;
failure to examine the possibility of applying other measures of restraint;
failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial
Art. 3 - inadequate conditions of detention during transport - van, 09/03/2021 - 03/12/2021, 0.25-0.33 sq. m. of personal space, applicant transported on numerous occasions, duration of transport of
4-6 hours on each occasion, overcrowding, lack of fresh air, passive smoking, lack or inadequate furniture, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet
21513/22*
13/04/2022
Sergey Anatolyevich KIRICHENKO
1975
Aleksandr Vladimirovich Kiryanov
Taganrog
22/11/2021-
pending on the date when the application was lodged with the Court
Dorogomilovskiy District Court of Moscow, Moscow City Court
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 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unrecorded detention between 22/11/2021 and 23/11/2021
Art. 5 (4) - excessive length of judicial review of detention - Dorogomilovskiy District Court of Moscow, 24/11/2021, appeal lodged on 25/11/2021, Moscow City Court, 20/01/2022,
1 month and 25 days; Dorogomilovskiy District Court of Moscow, 15/12/2021, appeal lodged on 17/12/2021, Moscow City Court, 25/01/2022, 1 month and 8 days; Dorogomilovskiy District Court of Moscow, 26/01/2022, appeal lodged on 29/01/2022, Moscow City Court, 03/03/2022, 1 month and 3 days
22343/22*
23/03/2022
Aleksey Dmitriyevich MAKUNIN
1998
Alla Igorevna Dunayeva
Chelyabinsk
30/04/2021 -
pending on the date when the application was lodged with the Court
Tsentralnyy District Court of Chelyabinsk; Chelyabinsk Regional Court; Sosnovskiy District Court of the Chelyabinsk Region
fragility and repetitiveness of the reasoning employed by the courts as the case progressed;
failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;
collective detention orders
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage between 02/05/2021 and 07/02/2022, Tsentralnyy District Court of Chelyabinsk (in person) and Chelyabinsk Regional Court through video-link at SIZO-1, Chelyabinsk Region
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 - Tsentralnyy District Court of Chelyabinsk, 04/09/2021, Chelyabinsk Regional Court, 04/10/2021, 30 days; Tsentralnyy District Court of Chelyabinsk, 07/12/2021, Chelyabinsk Regional Court, 19/01/2022, 1 month and 12 days;
Tsentralnyy District Court of Chelyabinsk, 13/01/2022, Chelyabinsk Regional Court, 09/02/2022, 27 days
22346/22*
21/03/2022
Ruslan Fanisovich NURTDINOV
1988
29/10/2018 to
11/10/2021
Naberezhnyye Chelny Town Court of the Tatarstan Republic, Tsentralnyy Circuit Military Court, Appellate Military Court, Fourth Appellate Court, Supreme Court of the Tatarstan Republic
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
Art. 3 - inadequate conditions of detention during transport - van, transit cell, train; 09/03/2021 - 03/12/2021; personal space: 0.25, 0.33, 0.9; overcrowding, lack of fresh air, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
23043/22*
12/04/2022
Ruslan Yuryevich YAKOVENKO
1979
16/04/2020 -
pending on the date when the application was lodged with the Court
Tsentralnyy District Court of Kaliningrad, Zelenogradskiy District Court of the Kaliningrad Region, Kaliningrad Regional Court, First Appellate Court
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, 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 - use of metal cage in Tsentralnyy District Court of Kaliningrad, Moskovskiy District Court of Kaliningrad, Leningradskiy District Court of Kaliningrad, Zelenogradskiy District Court of Kaliningrad Region, Primorskiy District Court of St Petersburg (video link from SIZO-3 Kaliningrad Region), Kaliningrad Regional Court (including video link from SIZO-3 Kaliningrad Region), First Appeal Court (video link from SIZO-3 Kaliningrad Region; 16/04/2020-pending on the date when the application was lodged with the Court
Art. 5 (4) - excessive length of judicial review of detention - Kaliningrad Regional Court, 08/10/2021, First Appellate Court, 02/11/2021,
25 days; Kaliningrad Regional Court, 01/11/2021, First Appellate Court, 02/12/2021,
1 month and 1 day
23588/22
21/03/2022
Andrey Fedorovich MAYER
1978
Vladimir Yevgenyevich Chesnokov
Rostov-on-Don
25/12/2020 -
pending on the date when the application was lodged with the Court
Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Third Appellate Court
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;
failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial
24950/22*
24/04/2022
Nikita Romanovich KRESHCHUK
1998
Oksana Gennadyevna Olgerdt
Moscow
16/09/2021 -
pending on the date when the application was lodged with the Court
Basmannyy District Court of Moscow, Moscow City Court
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
25177/22*
19/03/2022
Vladislav Robertovich AN
1980
06/10/2021 -
pending on the date when the application was lodged with the Court
Kondopoga Town Court of Karelia, Supreme Court of Karelia
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
25370/22
25/04/2022
Oleg Nikolayevich SEREBRENNIKOV
1968
Leonid Alekseyevich Solovyev
Moscow
14/07/2020 -
pending on the date when the application was lodged with the Court
Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court
collective detention orders;
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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
25520/22
06/05/2022
Vyacheslav Nikolayevich VISHNEVSKIY
1977
Kirill Zharinov
Moscow
24/03/2020 -
pending on the date when the application was lodged with the Court
Tsentralnyy District Court of Kemerovo, Kemerovo Regional Court
fragility and repetitiveness of the reasoning employed by the courts as the case progressed;
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, as the case progressed, of applying other measures to secure attendance at the trial;
failure to examine the possibility of applying other measures of restraint
Art. 5 (4) - excessive length of judicial review of detention - Tsentralnyy District Court of Kemerovo, 16/12/2021, appeal lodged on 19/12/2021, Kemerovo Regional Court 14/01/2022, 26 days;
Tsentralnyy District Court of Kemerovo, 22/03/2022, appeal lodged on 24/03/2022, Kemerovo Regional Court 14/04/2022, 21 days
25933/22*
18/04/2022
Svetlana Sergeyevna SUS
1996
14/05/2020 to
28/02/2022
Sovetskiy District Court of Kazan, Supreme Court of Tatarstan
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
25953/22*
22/04/2022
Umarali Rakhmatulloyevich TASHRIPOV
1999
Natalya Valeryevna Pavlova
Zelenogorsk
09/01/2020 -
pending on the date when the application was lodged with the Court
Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Appellate Court
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, as the case progressed, of applying other measures to secure attendance at the trial
Art. 5 (4) - excessive length of judicial review of detention - Sovetskiy District Court of Krasnoyarsk, 15/10/2021, appeal lodged on 20/10/2021, Krasnoyarsk Regional Court, 23/11/2021, 1 month and 4 days; Sovetskiy District Court of Krasnoyarsk, 10/11/2021, Krasnoyarsk Regional Court 28/12/2021, 1 month and 17 days;
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 §§ 3 and 4 of the Convention
26010/22*
29/04/2022
Yevgeniy Aleksandrovich GORBACHEV
1987
Timur Ravilevich Sabitov
Moscow
26/10/2021 -
pending on the date when the application was lodged with the Court
Gagarinskiy District Court of Moscow, Moscow City Court
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
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
26625/22
07/05/2022
Ruslan Shavkatovich SHAMSUNOV
1986
18/10/2020
pending on the date when the application was lodged with the Court
Nizhnekamsk Town Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic
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
26913/22*
18/05/2022
Viktor Nikolayevich ZUBAREV
1968
Vyacheslav Vasilyevich Savin
Stavropol
21/10/2021 -
pending on the date when the application was lodged with the Court
Leninskiy District Court of Stavropol, Stavropol Regional Court
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 - Leninsky District Court of Stavropol, 22/10/2021, appeal lodged on 25/10/2021, Stavropol Regional Court, 18/11/2021, 24 days;
Leninsky District Court of Stavropol, 15/12/2021, appeal lodged on 17/12/2021, Stavropol Regional Court, 13/01/2022, 27 days
27269/22*
24/04/2022
Nikolay Vladimirovich PITERKIN
1981
27/05/2020 -
pending on the date when the application was lodged with the Court
Smolninskiy District Court of St Petersburg; St Petersburg City Court
persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group;
failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial;
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;
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. 5 (4) - excessive length of judicial review of detention - Smolninskiy District Court, 27/10/2021, appeal lodged on 01/11/2021, St Petersburg City Court, 08/12/2021, 1 month and 6 days
29833/22*
14/05/2022
Leonid Aleksandrovich MELIKHOV
1982
Roman Dmitriyevich Pavlov
Moscow
04/08/2021 -
pending on the date when the application was lodged with the Court
Odintsovskiy Town Court of Moscow Region, Moscow City Court
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 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention
31646/22
01/06/2022
Eldar Ali Ogly ALIYEV
1968
27/03/2021 -
pending on the date when the application was lodged with the Court
Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
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. 3 - use of metal cages and/or other security arrangements in courtrooms - Zhelezhnodorozhnyy District Court of Krasnoyarsk between 28/03/2022 and 23/08/2022,
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
39615/22*
25/07/2022
Maksim Viktorovich RUSAKOV
1977
Yuliya Yevgenyevna Fedotova
Yekaterinburg
26/03/2019 -
pending on the date when the application was lodged with the Court
Basmanny District Court of Moscow, Preobrazhenskiy District Court of Moscow, Moscow City Court, First Appellate Court
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, as the case progressed, of applying other measures to secure attendance at the trial;
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 - Gagarinskiy District Court of Moscow 22/02/2022, Moscow City Court 13/04/2022,
1 month and 19 days
45441/22
19/08/2022
Arsen Garikovich NERSISYAN
1988
Artem Yuryevich Toropov
Moscow
19/01/2022 to
09/08/2022
Chertanovskiy District Court of Moscow, Moscow City Court
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;
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
46905/22*
05/09/2022
Andrey Aleksandrovich DENISOV
1985
Alla Igorevna Dunayeva
Chelyabinsk
12/05/2021 -
pending on the date when the application was lodged with the Court
Tsentralnyy District Court of Chelyabinsk, Kurchatovskiy District Court of Chelyabinsk, Chelyabinsk Regional Court
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
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - multiple instances of placement in a metal cage between 13/05/2021 and 22/07/2022, Tsentralnyy District Court of Chelyabinsk, Kurchatovskiy District Court of Chelyabinsk, Chelyabinsk Regional Court,
Art. 5 (4) - lack of speediness in review of detention orders - Kurchatovskiy District Court of Chelyabinsk, 22/04/2022 - still pending on the date when the application was lodged with the Court;
Kurchatovskiy District Court of Chelyabinsk, 22/07/2022 - still pending on the date when the application was lodged with the Court,
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
48448/22*
04/10/2022
Vitaliy Vitalyevich KOLTSOV
1976
Andrey Vasilyevich Sabinin
Stavropol
03/05/2022 -
pending on the date when the application was lodged with the Court
Khamovnicheskiy District Court of Moscow; Moscow City Court
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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
49431/22*
15/09/2022
Maksim Anatolyevich LAVRENTYEV
1981
07/08/2020 -
pending on the date when the application was lodged with the Court
Central District Court of Kemerovo; Kemerovo Regional Court
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
50094/22
29/09/2022
Aleksey Igorevich KURINOV
1986
Denis Aleksandrovich Timchenko
Moscow
28/01/2021 -
pending on the date when the application was lodged with the Court
Basmannyy District Court of Moscow, Moscow City Court
fragility of the reasons employed by the courts;
failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial;
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
50247/22*
08/10/2022
Olga Borisovna SMIRNOVA
1968
Mariya Sergeyevna Zyryanova
St Petersburg
05/05/2022 -
pending on the date when the application was lodged with the Court
Kirovskiy District Court of Saint-Petersburg, St-Petersburg City Court
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. 10 (1) - various restrictions on the right to freedom of expression - Between February and March 2022 the applicant published several posts against the war in Ukraine in Vkontakte social network. On 05/05/2022 the applicant was charged with a criminal offence of discrediting the Russian army (Art. 207.3 of the Criminal Code). Proceedings pending on the date when the application was lodged with the Court
128/23*
20/11/2022
Maksim Dmitriyevich AN
1975
Yuliya Yevgenyevna Fedotova
St Petersburg
17/11/2020 -
pending on the date when the application was lodged with the Court
Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court
failure to conduct the proceedings with due diligence during the period of detention;
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;
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, 12/08/2022, appeal lodged on 15/08/2022, First Appellate Court, 13/09/2022, 29 days
4812/23*
15/01/2023
Aleksey Sergeyevich YANOCHKIN
1979
Veronika Valeryevna Polyakova
Moscow
16/09/2021 -
pending on the date when the application was lodged with the Court
Zheleznodorozhnyy District Court of Krasnoyarsk, Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court
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;
fragility of the reasons employed by the courts
6773/23
26/01/2023
Valeriy Nikolayevich GOLUBKIN
1952
Mariya Olegovna Eysmont
Moscow
12/04/2021 -
pending on the date when the application was lodged with the Court
Lefortovo District Court of Moscow, Moscow City Court, First Appellate Court
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 and repetitiveness of the reasoning employed by the courts as the case progressed