THIRD SECTION
DECISION
Application no. 33595/18
Vladislav Igorevich PARSHIN
against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 16 June 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 2 July 2018,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table. He was represented by Mr V. Shukhardin, a lawyer practising in Moscow.
The applicant’s 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 LAW
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).
In the present application, having examined all the material before it, the Court is satisfied that the domestic courts cited specific facts in support of their conclusions that the applicant was liable to obstruct justice or to re-offend. They also considered a possibility of applying alternative measures to the applicant 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 remand in custody. 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 this complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 7 July 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
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
33595/18
02/07/2018
Vladislav Igorevich PARSHIN
1975
Shukhardin Valeriy Vladimirovich
Moscow
03/11/2017 to
28/10/2020
Zhukovskiy Town Court, Moscow Regional Court
2 year(s) and
11 month(s) and
26 day(s)
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice