Published on 24 June 2024
THIRD SECTION
Application no. 11075/17
Natalya Grigoryevna SHARINA against Russia
and 15 other applications
(see table appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 May 2024, 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 table, 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
Length of detention
Specific defects
Other complaints under well-established case-law
11075/17*
28/01/2017
Natalya Grigoryevna SHARINA
1957
Maksim Vladimirovich Olenichev
St Petersburg
29/10/2015 to
05/06/2017
Meshchanskiy District Court of Moscow, Presnenskiy District Court of Moscow, Moscow City Court
1 year(s) and 7 month(s) and 8 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. 5 (4) - excessive length of judicial review of detention - Presnenskiy District Court of Moscow, 26/08/2016, appeal lodged on 07/09/2016, Moscow City Court, 29/09/2016,
Art. 10 (1) - various restrictions on the right to freedom of expression - criminal conviction under articles 160 and 282 of the Criminal Code for keeping books and CDs allegedly inciting to hatred, and misappropriation (the applicant was director of a library); final decision: Moscow City Court, 24/04/2018, 4 years’ imprisonment suspended
75897/17*
13/10/2017
Aleksandr Anatolyevich POTKIN
1976
Irina Vladimirovna Khrunova
Kazan
12/04/2018 -
Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022
Meshchanskiy District Court of Moscow, Domodedovo Town Court of the Moscow Region, Moscow City Court, Moscow Regional Court
4 year(s) and 5 month(s) and 5 day(s)
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;
humiliating search
Art. 3 - inadequate conditions of detention during transport - van, transit cell, 22/01/2018-13/04/2018, 0.24, < 1 sq. m. per inmate; applicant transported on numerous occasions, humiliating search, lack of fresh air, no or restricted access to toilet, overcrowding, poor quality of food, no or restricted access to potable water, lack of or insufficient electric light,
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Meshchanskiy District Court of Moscow on 12/04/2018, appeal decision by the Moscow City Court on 05/06/2018;
Detention order by the Meshchanskiy District Court of Moscow on 24/04/2018, appeal decision by the Moscow City Court on 05/06/2018 (both appeals considered on the same day);
Detention order by the Domodedovo Town Court of the Moscow Region, on 09/07/2018, appeal decision by the Moscow Regional Court on 23/08/2018,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - 22/01/2018 - 13/04/2018, FKU SIZO-1,
Art. 10 (1) - various restrictions on the right to freedom of expression - criminal conviction under articles 282, 282 and 282.1 of the Criminal Code for making publications and participating in the activities inciting to hatred between Russians and Kazakhs; final decision: Moscow City Court, 28/03/2018, imprisonment of 3 years and 6 months
58718/18*
14/12/2018
Pavlo Igorovych GRYB
1998
Yevgeniya Oleksandrivna Zakrevska
Kyiv
25/08/2017 to
22/03/2019
Oktyabrskiy District Court of Krasnodar, Severo-Kavkazskiy Circuit Millitary Court, Krasnodar Regional Court
1 year(s) and 6 month(s) and 26 day(s)
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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
31472/19*
26/05/2019
Vladimir Gennadyevich KOMARNITSKIY
1996
Maksim Alekseyevich Pleshkov
Moscow
26/06/2018 -
Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022
Basmannyy District Court of Moscow, Second Western Circuit Military Court, Moscow City Court, Appellate Military Court
4 year(s) and 2 month(s) and 22 day(s)
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 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 - metal cage, Basmannyy District Court of Moscow, 11/12/2019,
Art. 10 (1) - various restrictions on the right to freedom of expression and Art. 11 - criminal prosecution under articles 205.2, 212, 213, 280, 282 and 282.1 of the Criminal Code for participation in the activities of the Chernyy Blok political movement, in particular, for alleged calls to mass disorders, arrest and detention, possibly proceedings pending as of 16/09/2022,
Art. 34 - hindrance in the exercise of the right of individual petition
- The applicant’s lawyer representing him before the Court was not allowed to visit him in remand prison, one of the grounds being that he did not exhaust all domestic remedies necessary to apply to the Court, August 2019, complaints under article 125 of the CrPC not accepted for examination on 10/10/2019 and 08/11/2019, upheld on appeal on 11/12/2019
47739/19*
06/09/2019
Aleksey Yuryevich DMITRIYEV
1979
Aleksandr Vladimirovich Zimin
St Petersburg
05/03/2019
-
Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022
Primorskiy District Court of St Petersburg, Vasileostrovskoy District Court of St Peterburg, St Peterburg City Court
3 year(s) and 6 month(s) and 12 day(s)
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
Art. 5 (1) - unlawful detention - arrest and detention on 05/03/2019 from 4 p.m. to 9.50 p.m., raised on 07/09/2019 and 07/06/2019; detention (criminal) for more than three hours without written record (see Ovakimyan v. Russia, no. 52796/08, § 40, 54, 57, 21 February 2017)
49350/19*
06/09/2019
Ismail Makhmudovich NALGIYEV
1991
Andrey Vasilyevich Sabinin
Stavropol
08/05/2019
-
Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022
Yessentuki Town Court of the Stavropol Region, Nalchik Town Court of the Kabardino-Balkar Republic, Stavropol Regional Court, Supreme Court of the Kabardino-Balkar Republic
3 year(s) and 4 month(s) and 9 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. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Supreme Court of the Republic of Ingushetia, 13/06/2019,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - administrative conviction under article 20.2 § 5 of the CAO for participation in an unauthorised manifestation in Magas against amendments to the law on referendums, Ingushetia, on 26/03/2019; final decision: Supreme Court of the Republic of Ingushetia, 13/06/2019, fine of RUB 20,000
60670/19
15/11/2019
Akhmed Beslanovich NALGIYEV
1992
Zubeyr Alaudinovich KHAMKHOYEV
1996
Tatyana Sergeyevna Glushkova
Moscow
20/04/2019
-
Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022
23/04/2019 -
Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022
Nalchick Town Court of the Kabardino-Balkar Republic,
Supreme Court of the Kabardino-Balkar Republic
3 year(s) and 4 month(s) and 28 day(s)
3 year(s) and 4 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
64428/19*
06/12/2019
Abdulmumin Khabirovich GADZHIYEV
1984
Arsen Khidirnabiyevich Shabanov
Makhachkala
14/06/2019 -
16/09/2022
Sovetskiy District Court of Makhachkala, Supreme Court of the Dagestan Republic
3 year(s) and 3 month(s) and 3 day(s)
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
Art. 10 (1) - various restrictions on the right to freedom of expression - criminal conviction under articles 282.2, 205.1 and 205.5 of the Criminal Code for publishing an interview with a person helping Syrian refugees and allegedly engaged in Islamic State activities; last known decision: Southern Circuit Military Court of Rostov-on-Don, 12/09/2023 (unclear whether an appeal was lodged),
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Sovetskiy District Court of Makhachkala on 10/09/2019, appeal decision by the Supreme Court of the Dagestan Republic on 07/10/2019
6369/20*
04/12/2019
Khasan Magomedovich KATSIYEV
1988
Andrey Vasilyevich Sabinin
Stavropol
23/04/2019 to
05/03/2020
Nalchik Town Court of the Kabardino-Balkar Republic, Yessentuki Town Court of the Stavropol Region, Stavropol Regional Court, Supreme Court of the Kabardino-Balkar Republic
10 month(s) and 12 day(s)
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 assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - criminal conviction under Article 318 of the Criminal Code on account of violence against a public official for participation in a meeting in Magas on 26/03/2019 against amendments to the law on referendum; final decision: Stavropol Regional Court, 13/04/2020, imprisonment of 1 year and 9 months,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The first-instance court considered it necessary to keep the applicant in detention as a preventive measure pending the entry into force of the conviction even after the prison sentence imposed on him had expired; the time spent in pre-trial detention was taken into account, 1 day in pre-trial detention equal to 2 days in prison, he had to stay in detention until 13/04/2020 when the conviction had entered into force; the applicant’s appeal delayed the entry into force of the conviction; the realisation of the applicant’s right to appeal was at the price of his liberty (see Ruslan Yakovenko v. Ukraine, no. 5425/11, paras. 72-83, 4 June 2015)
6519/20*
24/01/2020
Khasan Savarbekovich ZYAZIKOV
1980
Vanessa Kogan
Moscow
18/07/2019
-
Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022
Nalchik Town Court of the Kabardino-Balkar Republic, Supreme Court of the Kabardino-Balkar Republic
3 year(s) and 1 month(s) and 30 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. 11 (2) - disproportionate measures against organisers and participants of public assemblies - criminal prosecution under Article 318 of the Criminal Code on account of violence against a public official for participation in a meeting in Magas on 26/03/2019 against amendments to the law on referendum and changing Ingushetia’s frontiers; proceedings possibly pending as of 16/09/2022
53875/20*
17/11/2020
Vadim Kazbekovich CHELDIYEV
1981
Andrey Vasilyevich Sabinin
Stavropol
19/04/2020 to
19/07/2022
Leninskiy District Court of Vladikavkaz, Leninskiy District Court of Rostov-on-Don, Supreme Court of the Ossetia-Alania Republic, Rostov Regional Court
2 year(s) and 3 month(s) and 1 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. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Ossetia-Alania Republic, 24/07/2020,
Art. 10 (1) - various restrictions on the right to freedom of expression - administrative conviction under article 13.15 para. 9 of the CAO for publication in Telegram; final decision: Supreme Court of the Ossetia-Alania Republic, 24/07/2020, fine of RUB 75,000,
Art. 11 and Art. 10 (1) - conviction for making calls to participate in public events - criminal conviction under articles 207.1, 212, 280 and 318 of the Criminal Code on account of organisation of mass disorders for calling to participate and participating in an unauthorised meeting against authorities of the North Ossetia-Alania Republic, 20/04/2020, Vladikavkaz; final decision: Supreme Court of Russia, 20/07/2023, 10 years’ imprisonment
13054/21*
16/02/2021
Ramis Akhmetovich CHIRKINOV
1963
Andrey Vasilyevich Sabinin
Stavropol
04/05/2020 to
19/07/2022
Leninskiy District Court of Rostov-on-Don, Rostov Regional Court
2 year(s) and 2 month(s) and 16 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. 11 and Art. 10 (1) - various restrictions on the right to freedom of expression - criminal conviction under article 212 of the Criminal Code on account of organisation of mass disorders for calling to participate and participating in an unauthorised meeting against authorities of the North Ossetia-Alania Republic, 20/04/2020, Vladikavkaz; final decision: Supreme Court of Russia, 20/07/2023, 8 years’ imprisonment
13489/21*
17/02/2021
Arsen Tamerlanovich BESOLOV
1991
Andrey Vasilyevich Sabinin
Stavropol
12/05/2020 to
19/07/2022
Leninskiy District Court of Rostov-on-Don, Rostov Regional Court
2 year(s) and 2 month(s) and 8 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. 11 and Art. 10 (1) - various restrictions on the right to freedom of expression - criminal conviction under article 212 of the Criminal Code on account of organisation of mass disorders for calling to participate and participating in an unauthorised meeting against authorities of the North Ossetia-Alania Republic, 20/04/2020, Vladikavkaz; final decision: Supreme Court of Russia, 20/07/2023, imprisonment of 8 years and 6 months
14565/22*
15/02/2022
Lyudmila Petrovna SHTEYN
1996
Andrey Vasilyevich Sabinin
Stavropol
02/02/2021 to
25/08/2021
Preobrazhenskiy District Court of Moscow, Moscow City Court
6 month(s) and 24 day(s)
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
Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Basmannyy District Court of Moscow on 21/07/2021, appeal decision by the Moscow City Court on 24/08/2021
30558/22
07/06/2022
Ruslan Faridpashayevich ABASOV
2022
Aleksandra Nikolayevna Bayeva
Moscow
23/12/2021
-
Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022
Gagarinskiy District Court of Moscow, Moscow City Court
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
39478/23*
04/02/2023
Liliya Ayratovna CHANYSHEVA
1982
Daniil Borisovich Berman
Moscow
10/11/2021 -
Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022
Kirovskiy District Court of the Bashkortostan Republic, Basmannyy District Court of Moscow, Supreme Court of the Bashkortostan Republic, Moscow City Court
10 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