Published on 27 November 2023
THIRD SECTION
Application no. 32241/18
Anna Dmitriyevna PAVLIKOVA against Russia
and 4 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 November 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 § 4 of the Convention relating to deficiencies in proceedings for review of the lawfulness of detention which are the subject of well-established case law of the Court (see Idalov v. Russia [GC], no. 5826/03, §§ 154-58, 161-65, 22 May 2012, Khodorkovskiy v. Russia, no. 5829/04, §§ 219-48, 31 May 2011 and Lebedev v. Russia, no. 4493/04, §§ 75-115, 25 October 2007).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 5 § 4 of the Convention
(deficiencies in proceedings for review of the lawfulness of detention)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
First-instance court and date of detention order
Appeal instance court and date of decision
Procedural deficiencies
Other complaints under well-established case-law
32241/18*
02/07/2018
Anna Dmitriyevna PAVLIKOVA
2000
Tatyana Borisovna Okushko
Moscow
Dorogomilovskiy District Court, 11/05/2018, 27/05/2019
Moscow City Court, 26/07/2018, 26/07/2019
lack of speediness of review of detention (Idalov v. Russia [GC], no. 5826/03, §§ 154-158, 22 May 2012)
Art. 5 (3) - excessive length of pre-trial detention - House arrest from 16/08/2018 to 06/08/2020, Dorogomilovskiy District Court, Moscow City Court: collective detention orders, failure to conduct the proceedings diligently leading to excessive length of detention on remand, 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. Prior to the house arrest the applicant was detained in a remand prison from 16/03/2018 to 06/08/2018 (the pre-trial detention was replaced with a house arrest, as requested by the applicant)
54308/18*
08/11/2018
Ruslan Dmitriyevich KOSTYLENKOV
1993
Svetlana Ivanovna Sidorkina
Moscow
Dorogomilovskiy District Court of Moscow, 08/05/2018 (appeal lodged on 10/05/2018)
Moscow City Court,
05/06/2018
lack of speediness of review of detention (Idalov v. Russia [GC], no. 5826/03, §§ 154-158, 22 May 2012)
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment,
Art. 3 - torture or inhuman or degrading treatment - Factual information: On 15/03/2018 the police special force conducted a search at the applicant’s flat. The applicant refused to confess to having taking part in an extremist organisation and was beaten up by the police officers;
Medical evidence of ill-treatment: Forensic medical expert report of 23/05/2019: bruises near left eye, right hip and chest. The forensic expert did not rule out a possibility that the injuries were inflicted on 15/03/2018, as indicated by the applicant.
Date of the first complaint and decision issued in response: the first complaint was lodged on 18/06/2018; on 12/09/2018 it was dismissed by the investigator with the Sergiyev Posad investigative committee.
Proceedings under Article 125 of the CCrP: On 03/09/2020 the Moscow Regional Court discontinued the appeal proceedings referring to the applicant’s conviction. The court noted that the trial court had duly examined the applicant’s allegations of ill-treatment dismissing them as unsubstantiatedю
Information relating to conviction: On 06/08/2020 the Lyublinskiy District Court of Moscow found the applicant guilty of multiple charges, including participation in an extremist organisation and sentenced him to 7 years’ imprisonment. On 12/10/2021 the Moscow City Court upheld the conviction on appeal reducing the sentence by three months.
58149/19
28/10/2019
Mariya Sergeyevna DUBOVIK
1998
Karinna Akopovna Moskalenko
Strasbourg
Dorogomilovskiy District Court of Moscow, 11/03/2019, 27/05/2019
Moscow City Court,
28/05/2019, 26/07/2019
lack of speediness of review of detention (Idalov v. Russia [GC], no. 5826/03, §§ 154-158, 22 May 2012)
Art. 5 (3) - excessive length of pre-trial detention - Pre-trial detention form 15/03/2018 to 06/08/2018; house arrest from 06/08/2018 to 06/08/2020, Dorogomilovskiy District Court of Moscow, Moscow City Court: collective detention orders, failure to conduct the proceedings diligently leading to excessive length of detention on remand; 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
59374/19*
12/11/2019
Ruslan Dmitriyevich KOSTYLENKOV
1993
Petr Aleksandrovich KARAMZIN
1986
Vyacheslav Vladislavovich KRYUKOV
1998
Dmitriy Vladimirovich POLETAYEV
1988
Tatyana Borisovna Okushko
Moscow
Lyublinskiy District Court, 27/05/2019, 11/11/2019, 11/02/2020
Moscow City Court, 26/07/2019, 06/02/2020, 21/05/2020
lack of speediness of review of detention (Idalov v. Russia [GC], no. 5826/03, §§ 154-158, 22 May 2012)
Art. 5 (3) - excessive length of pre-trial detention - Pre-trial detention from 16/03/2018 to 06/08/2020; detention authorised by the Dorogomilovskiy District Court of Moscow, Lyublinskiy District Court of Moscow, Moscow City Court: collective detention orders, fragility of the reasons employed by the courts, failure to conduct the proceedings diligently leading to excessive length of detention on remand, failure to examine the possibility of applying other measures of restraint
61257/19*
22/11/2019
Mariya Sergeyevna DUBOVIK
1998
Anna Dmitriyevna PAVLIKOVA
2000
Tatyana Borisovna Okushko
Moscow
Lyublinskiy District Court of Moscow, 11/11/2019, 11/02/2020
Moscow City Court,
06/02/2020, 21/05/2020
lack of speediness of review of detention (Idalov v. Russia [GC], no. 5826/03, §§ 154-158, 22 May 2012)
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