Published on 27 March 2023
FOURTH SECTION
Application no. 53209/17
Aleksandr Ilyich RADOSHEVICH against Russia
and 22 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/house arrest
Court which issued detention order/examined appeal
Length of detention
Specific defects
Other complaints under well‑established case-law
53209/17*
11/07/2017
Aleksandr Ilyich RADOSHEVICH
1977
11/07/2016
pending
Leninskiy District Court and Voroshilovskiy District Court of Rostov-on-Don
More than 6 year(s) and 6 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
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Leninskiy and Voroshilovskiy District Court, since 13/07/2016
58512/18
28/11/2018
Igor Nikolayevich BELOUSOV
1963
Ivan Nikolayevich Nazarov
Rostov-on-Don
22/08/2017 to
22/05/2019
Tverskoy District Court of Moscow, Moscow City Court
1 year(s) and
9 month(s) and
1 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 (4) - excessive length of judicial review of detention - detention orders delivered on 04/05/2018, 16/08/2018, 19/11/2018 and 21/02/2019 were examined on appeal on 04/06/2018, 20/09/2018, 13/12/2018 and 16/04/2019, respectively
13179/21*
11/02/2021
Mikhail Borisovich MIKHALEV
1982
21/01/2020 to
24/06/2021
Tsentralnyy District Court of Chita, Zabaykalskiy Regional Court
1 year(s) and 5 month(s) and 4 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
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
collective detention orders
17191/21*
10/03/2021
Dmitriy Aleksandrovich GOLTSEV
1981
21/02/2018
pending
Leninskiy District Court of Stavropol, Nevinnomysskiy District Court of Stavropol, Stavropol Regional Court
More than 4 year(s) and 10 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 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;
collective detention orders.
19460/21
28/06/2021
Ivan Viktorovich VAYSBROT
1996
30/12/2019 to
28/12/2020
Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
11 month(s) and
29 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 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention.
20633/21
31/03/2021
Garnik Robertovich SARKISYAN
1983
09/07/2015
pending
Babushkinskiy District Court of Moscow, Moscow City Court, First Appellate Court
More than 7 year(s) and 6 month(s) and 12 day(s)
collective detention orders; as the case progressed:
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
22029/21
31/03/2021
Natalya Vasilyevna DONCHENKO
1979
Dmitriy Anatolyevich Donchenko
Krasnooktyabrskaya
21/01/2019 to
26/12/2019
20/05/2020 to
14/10/2021
Belorechenskiy District Court of Krasnodar Region,
Krasnodar Regional Court
11 month(s) and
6 day(s)
1 year(s) and
4 month(s) and
25 day(s)
fragility of the reasons employed by the courts
collective detention orders, failure to examine the possibility of applying other measures of restraint
22043/21
05/04/2021
Khadzhi-Murat Yuryevich MERDENOV
1965
Vyacheslav Vasilyevich Savin
Stavropol
13/08/2020 to
14/05/2021
Leninskiy District Court of Vladikavkaz, Supreme Court of Severnaya Ossetia-Alania Republic
9 month(s) and
2 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 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
25553/21
06/05/2021
Nataliya Igorevna KOZHANOVA
1955
03/06/2020 to
28/07/2021
Nizhegorodsky District Court of Nizhny Novgorod, Nizhny Novgorod Regional Court
1 year(s) and
1 month(s) and
26 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
25614/21*
23/04/2021
Andrey Sergeyevich LEVCHENKO
1982
Dmitriy Vladimirovich Agranovskiy
Moscow
28/09/2020
pending
Basmannyy District Court of Moscow, Moscow City Court
More than 2 year(s) and 3 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 examine the possibility of applying other measures of restraint
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Basmannyy District Court of Moscow, 29/09/2020-18/02/2021
30157/21*
17/05/2021
Rinat Aleksandrovich FOREKS
1986
Andrey Yuryevich Kosolapov
10/06/2018 to
23/03/2020
13/11/2020
pending
Pravoberezhniy District Court of Magnitogorsk,
Chelyabinsk Regional Court
1 year(s) and
9 month(s) and
14 day(s)
More than 2 year(s) and 2 month(s) and 5 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
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - Pravoberezhnyy District Court of Magnitogorsk, detention order on 08/12/2020, Chelyabinsk Regional Court, appeal decision on 14/01/2021;
Pravoberezhnyy District Court of Magnitogorsk, detention order on 10/02/2021, Chelyabinsk Regional Court, appeal decision on 03/03/2021.
32318/21*
05/06/2021
Marat Faritovich GANIYEV
1987
12/07/2019
to
03/02/2021
04/02/2021
pending
Vakhitovsky District Court of Kazan
More than 3 year(s) and 6 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; collective detention orders;
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention –
1) detention order on 20/12/2020, Supreme Court of the Tatarstan Republic, appeal decision on 05/02/2021, Fourth Appellate Court;
2) detention order on 04/02/2021, Vakhitovskiy District Court of Kazan, appeal decision on 02/03/2021, Supreme Court of the Tatarstan Republic;
3) detention order on 01/04/2021, Vakhitovskiy District Court of Kazan, appeal decision on 23/04/2021, Supreme Court of the Tatarstan Republic;
4) detention order on 05/05/2021, Vakhitovskiy District Court of Kazan, appeal decision on 25/05/2021, Supreme Court of the Tatarstan Republic;
5) detention order on 01/07/2021, Vakhitovskiy District Court of Kazan, appeal decision on 30/07/2021, Supreme Court of the Tatarstan Republic;
6) detention order on 05/08/2021, Vakhitovskiy District Court of Kazan, appeal decision on 20/08/2021, Supreme Court of the Tatarstan Republic
32586/21*
22/06/2021
Nikolay Yevgenyevich YUKHNOV
1981
Yekaterina Aleksandrovna Vodyanik
Rostov-on-Don
10/12/2020 to
09/06/2021
Azovsk Town Court, Rostov Regional Court
6 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;
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 - inadequate conditions of detention during transport - Between 10/12/2020 and 09/06/2021, transport on several occasions, by van
0.65 m x 0.5 m and height 1.55 - 1.7 m; no windows; the applicant’s weight 110 kg and height 1.96 m.
33069/21*
31/05/2021
Zabaydullo Abdulakhadovich ZOKIROV
1981
24/04/2020
pending
Tsentralnyy District Court of Krasnoyarsk, Leninskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
More than 2 year(s) and 8 month(s) and 25 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
35106/21*
14/04/2021
Vsevolod Valeryevich KONDRATYEV
1974
Nikolay Nikolayevich Tyshchenko
Barnaul
24/07/2020
pending
Sovetskiy District Court of Novosibirsk, Novosibirsk Regional Court
More than 2 year(s) and 5 month(s) and 25 day(s)
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
42144/21*
04/08/2021
Oleg Leonidovich VLASOV
1972
Valeriy Vladimirovich Shukhardin
Moscow
06/05/2020
pending
Tverskoy District Court of Moscow, Moscow City Court
More than 2 year(s) and 8 month(s) and 12 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
50229/21*
22/09/2021
Roman Eduardovich ARKHIPOV
1992
Mikhail Aleksandrovich Belyayev
Moscow
25/02/2021 to
12/11/2021
Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
8 month(s) and
19 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
51508/21*
05/08/2021
Dmitriy Sergeyevich SENKIN
1979
07/07/2020
pending
Primorskiy District Court of St Petersburg, St Petersburg City Court
More than 2 year(s) and 6 month(s) and 11 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 conduct the proceedings with due diligence during the period of detention
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Detention in a cage during detention hearings since 09/07/2020.
56837/21*
22/10/2021
Dmitriy Vladimirovich GLAZACHEV
1973
Stanislav Igorevich Zhuravlev
Moscow
12/04/2018
pending
Khamovnichesky District Court of Moscow, Basmannyy Court of Moscow, Moscow City Court
More than 4 year(s) and 9 month(s) and 6 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 conduct the proceedings with due diligence during the period of detention
57991/21*
29/11/2021
Sergey Vladimirovich TSUNIN
1957
17/08/2021
pending
Avtozavodsk District Court of Tolyatti,
Samara Regional Court
More than 1 year(s) and 5 month(s) and 3 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 – in the Samara Regional Court; 02/11/2021;
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
61186/21*
23/11/2021
Mikhail Anatolyevich KORCHUGANOV
1986
13/03/2021 to
18/01/2022
Novo-Savinovskiy District Court of Kazan of the Republic of Tatarstan, Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
10 month(s) and
6 day(s)
failure to examine the possibility of applying other measures of restraint; 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;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
61737/21*
29/11/2021
Natalya Semenovna ASANOVICH
1979
Aleksey Vladimirovich Lykov
Moscow
17/02/2021
pending
Tverskoy District Court of Moscow, Moscow City Court
More than 1 year(s) and 11 month(s) and 1 day(s)
fragility of the reasons employed by the courts;
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
Art. 5 (4) - excessive length of judicial review of detention – detention orders of the Tverskoy District Court of Moscow of 16/04/2021 and 15/07/2021, upheld on appeal by the Moscow City Court on 31/05/2021 and 25/08/2021, respectively.
3997/22*
17/12/2021
Aleksandr Anatolyevich VARFOLOMEYEV
1986
04/06/2018
pending
Leninskiy District Court of Kirov, Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan, Fourth Appeal Court
More than 4 year(s) and 7 month(s) and 14 day(s)
fragility and repetitiveness of the reasoning employed by the courts as the case progressed; 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