Published on 26 June 2023
FOURTH SECTION
Application no. 2282/21
Rinat Kurbangaliyevich SHAYDULLIN against Russia
and 24 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
Length of detention
Specific defects
Other complaints under well‑established case-law
2282/21*
04/12/2020
Rinat Kurbangaliyevich SHAYDULLIN
1975
Nikolay Sergeyevich Zboroshenko
Mytishchi
21/06/2018 to
14/08/2020
Dmitrov Town Court of the Moscow Region; Moscow Regional Court
2 year(s) and 1 month(s) and 25 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;
failure to conduct the proceedings with due diligence during the period of detention
14287/21
18/02/2021
Sergey Fedorovich RUBEZHNOY
1974
Vladimir Vladimirovich Koshev
Stavropol
26/06/2018 -
Pending on the date when the application was lodged with the Court
Leninskiy District Court of Stavropol, Stavropol Regional Court, Third Appellate Court
More than 4 year(s) and 9 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; 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 - use of metal cages and/or other security arrangements in courtrooms - On 14/08/2020 - 27/10/2020, Leninskiy District Court of Stavropol; 22/01/2021 - pending on the date when the application was lodged with the Court Stavropol Regional Court,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Stavropol, 16/06/2018 - pending on the date when the application was lodged with the Court, opposite-sex operators, video surveillance in a lavatory and/or shower room, detention in different cells with video surveillance,
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of permanent video surveillance
30020/21*
11/06/2021
Magomed Gadzhiyevich MAGOMEDOV
1967
Mikhail Aleksandrovich Osherov
Moscow
30/03/2018 -
pending on the date when the application was lodged with the Court
Tverskoy District Court of Moscow, Basmannyy District Court of Moscow, Meschanskiy District Court of Moscow, Moscow City Court, First Appeal Court
More than 5 year(s) and 2 day(s)
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;
failure to examine the possibility of applying other measures of restraint
Art. 5 (4) - excessive length of judicial review of detention - Meshchanskiy District Court of Moscow, 29/04/2021, appeal lodged on 04/05/2021, Moscow City Court, 16/07/2021, 1 month and 12 days
31358/21*
16/05/2021
Aleksandr Alekseyevich SAMOYLOV
1960
Irina Aleksandrovna Suslova
Vyborg
15/07/2019 to
30/03/2021
Leningrad Regional Court, Priozerskiy Town Court of the Leningrad Region
1 year(s) and 8 month(s) and 16 day(s)
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 - use of metal cages and/or other security arrangements in courtrooms - during the hearings in the Priozerskiy District Court of the Leningrad Region, 04/04/2018 - 30/03/2021
37778/21
14/07/2021
Pavel Aleksandrovich CHEPURKIN
1979
Aleksey Leonidovich DOROSHENKO
1984
Yevgeniy Vladimirovich KAGANOVSKIY
1981
Andrey Valerianovich SHISHKOV
1985
Lina Fedorovna Motchenko
Nevinnomyssk
15/05/2014 to
20/01/2021
19/05/2014 to 20/01/2021
08/12/2014 to 20/01/2021
05/02/2015 to 20/01/2021
Nevinnomyssk Town Court of Stavropol Region; Stavropol Regional Court
6 year(s) and
8 month(s) and
6 day(s)
6 year(s), 8 month(s) and 5 day(s)
6 year(s), 1 month(s) and 14 day(s)
5 year(s),
11 month(s) and
16 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 examine the possibility of applying other measures of restraint
55567/21*
30/10/2021
Maksim Viktorovich TARKHANOV
1978
17/02/2021 -
pending on the date when the application was lodged with the Court
Basmanniy District Court of Moscow, Moscow City Court
More than 2 year(s) and 1 month(s) and 18 day(s)
collective detention orders; 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; failure to examine the possibility of applying other measures of restraint
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Moscow City Court, 07/06/2021; the applicant’s placement in metal cage and glass cabin during the hearings before the Basmanniy District Court of Moscow and the Moscow City Court on multiple occasions in the period from 18/02/2021 to 13/07/2022,
Art. 13 - lack of an effective remedy against refusals of short-term family visits and in respect of placement in a metal cage during court hearings,
Art. 5 (4) - excessive length of judicial review of detention -
Basmanniy District Court of Moscow, 14/04/2021, Moscow City Court, 07/06/2021, 1 month and 23 days;
Basmanniy District Court of Moscow, 15/07/2021, appeal lodged on 18/07/2021, Moscow City Court, 01/09/2021, 1 month and 14 days,
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention,
Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - lack of family visits in SIZO
2999/22*
15/12/2021
Ruslan Mikhaylovich ARASHUKOV
1986
Valeriy Vladimirovich Shukhardin
Moscow
30/01/2019 -
pending on the date when the application was lodged with the Court
Basmannyy District Court of Moscow, Moscow City Court, Cherkessk Town Court of the Karachay-Cherkessia Republic, Supreme Court of the Karachay-Cherkessia Republic, Peobrazhenskiy District Court of Moscow
More than 4 year(s) and 2 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
3482/22*
15/12/2021
Viktor Valeryevich BELEVTSOV
1978
Olga Valentovna Nyamina
Moskva
29/09/2018 -
pending on the date when the application was lodged with the Court
Basmanyy District Court of Moscow, Presnenskiy District Court of Moscow, Moscow City Court, First Appellate Court
More than 4 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention - Presnenskiy District Court of Moscow, 13/10/2021, Moscow City Court, 24/11/2021,
1 month and 11 days
3618/22*
13/12/2021
Roman Aleksandrovich MALKOV
1979
Yekaterina Vladimirovna Antonova
Leningrad
22/01/2020 -
pending on the date when the application was lodged with the Court
Kolpinskiy District Court of St Petersburg, Pushkinskiy District Court of St Petersburg, St Petersburg City Court
More than 3 year(s) and 2 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;
failure to examine the possibility of applying other measures of restraint
Art. 5 (4) - excessive length of judicial review of detention -
Pushkinskiy District Court, 17/05/2021, appeal lodged on 26/05/2021, St Petersburg City Court, 27/07/2021;
2 months and 1 day;
Pushkinskiy District Court, 28/07/2021, appeal lodged on 02/08/2021, St Petersburg City Court, 12/10/2021,
2 months and 10 days;
Kolpinskiy District Court, 11/08/2021, appeal lodged on 16/08/2021, St Petersburg City Court, 22/09/2021,
1 month and 6 days
3732/22*
27/12/2021
Eduard Mullanurovich MUKHAMETZYANOV
1983
13/08/2018 to
27/08/2020
11/08/2021 -
pending on the date when the application was lodged with the Court
Sovetskiy District Court of Kazan, Supreme Court of the Tatarstan Republic
2 year(s) and 15 day(s)
More than 1 year(s) and 7 month(s) and 27 day(s)
fragility of the reasons employed by the courts; failure to conduct the proceedings with due diligence during the period of detention; 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
4015/22
16/12/2021
Sergey Aleksandrovich OVECHKIN
1980
12/12/2019 -
pending on the date when the application was lodged with the Court
Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, Sverdlovskiy District Court of Krasnoyarsk
More than 3 year(s) and 3 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
Art. 5 (4) - excessive length of judicial review of detention - Sverdlovskiy District Court of Krasnoyarsk, 05/10/2021, appeal lodged on 08/10/2021, Krasnoyarsk Regional Court, 11/11/2021, 1 month and 4 days; Sverdlovskiy District Court, 29/12/2021, Krasnoyarsk Regional Court, 01/02/2022, 1 month and 4 days,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Sverdlovskiy District Court of Krasnoyarsk, 07/02/2020 - 05/10/2021,
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
4040/22*
27/12/2021
Ivan Sergeyevich SAMOKHVALOV
1987
Irina Vladimirovna Dorzhizhapova
Chita
19/07/2019 -
pending on the date when the application was lodged with the Court
Tsentralnyy District Court of Chita, Zabaykalye Regional Court, Fifth Appellate Court
More than 3 year(s) and 8 month(s) and 19 day(s)
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;
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
4076/22*
29/12/2021
Maksim Vitalyevich TISHCHENKO
1993
22/09/2018 -
pending on the date when the application was lodged with the Court
Tsentralnyy District Court of Sochi, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court
More than 4 year(s) and 6 month(s) and 16 day(s)
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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention - Supreme Court of the Tatarstan Republic, 28/06/2021, Fourth Appellate Court, 21/07/2021,
23 days;
Supreme Court of the Tatarstan Republic, 02/09/2021, Fourth Appellate Court, 22/09/2021, 20 days
4131/22
27/12/2021
Yevgeniy Yevgenyevich YEVSIKOV
1990
24/04/2018 -
pending on the date when the application was lodged with the Court
Supreme Court of the Tatarstan Republic, Fourth Appellate Court
More than 4 year(s) and 11 month(s) and 14 day(s)
fragility of the reasons employed by the courts;
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
4787/22
29/12/2021
Vyacheslav Olegovich VYSOTSKIY
1998
Yuriy Nikolayevich Logvinov
Rostov-on-Don
20/11/2020 -
pending on the date when the application was lodged with the Court
Leninskiy District Court of Rostov-on-Don, Voroshilovskiy District Court of Rostov-on-Don, Rostov Regional Court
More than 2 year(s) and 4 month(s) and 18 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. 5 (4) - excessive length of judicial review of detention - Voroshilovskiy District Court of Rostov-on-Don, 10/11/2021, appeal lodged on 13/11/2021, Rostov Regional Court 09/12/2021, 26 days
4921/22
15/12/2021
Grigoriy Nikolayevich VARYGIN
1995
Vitaliy Sergeyevich Gurenko
Krasnoyarsk
30/01/2019 -
pending on the date when the application was lodged with the Court
Pirovskiy District Court of Krasnoyarsk Region, Lesosibirskiy District Court of Krasnoyarsk Region, Krasnoayrsk Regional Court
More than 4 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; failure to examine the possibility of applying other measures of restraint
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during the hearings extending the applicant’s pre-trial detention in the Pirovskiy District Court of the Krasnoyarsk Region, the Lesosibirskiy District Court of the Krasnoyarsk Region, starting from 04/03/2019 and pending on the date when the application was lodged with the Court
5680/22
24/12/2021
Tatyana Alekseyevna ZORINA
1984
20/07/2020 -
pending on the date when the application was lodged with the Court
Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
More than 2 year(s) and 8 month(s) and 18 day(s)
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 examine the possibility of applying other measures of restraint
5768/22
01/12/2021
Yuriy Yuryevich KONOPLEV
1973
08/08/2019 to
13/08/2021
Kozulskiy District Court of the Krasnoyarsk Region, Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
2 year(s) and
6 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. 3 - use of metal cages and/or other security arrangements in courtrooms - during the court hearings in Zheleznodorozhnyy District Court of Krasnoyarsk, 06/11/2019 - 09/06/2021
5990/22
10/01/2022
Ruslan Nikolayevich MALAYDAKH
1992
22/10/2020
-
pending on the date when the application was lodged with the Court
Supreme Court of the Tatarstan Republic
More than 2 year(s) and 5 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 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
6099/22*
08/01/2022
Dmitriy Vladimirovich NOVIKOV
1972
Andrey Vasilyevich Sabinin
Stavropol
07/06/2021
-
pending on the date when the application was lodged with the Court
Leninskiy District Court of Novorossiysk, Stavropol Regional Court
More than 1 year(s) and 10 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 - use of metal cages and/or other security arrangements in courtrooms - placed into a metal cage during the court hearing on 23/08/2021,
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 - Leninskiy District Court of Novorossiysk, 07/06/2021, appeal lodged on 10/06/2021, Stavropol Regional Court, 23/08/2021, 2 months and 13 days
6881/22
19/01/2022
Dmitriy Vladimirovich CHERTOK
1972
Natalya Aleksandrovna Nechiporenko
Moscow
08/07/2021
-
pending on the date when the application was lodged with the Court
Meshchanskiy District Court of Moscow, Moscow City Court, Dorogomilovskiy District Court of Moscow, First Appellate Court
More than 1 year(s) and 8 month(s) and 30 day(s)
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; 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;
fragility of the reasons employed by the courts
Art. 5 (4) - lack of speediness of review of the applicant’s detention: Dorogomilovskiy District Court of Moscow, 06/09/2021, appeal lodged on 08/09/2021, Moscow City Court, 07/10/2021, 29 days;
Moscow City Court, 15/10/2021, appeal lodged on 18/10/2021, First Appellate Court, 18/11/2021, 31 days;
Moscow City Court, 17/11/2021, appeal lodged on 18/11/2021, First Appellate Court, 14/12/2021, 26 days,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - from the moment the applicant was extradited to Russia from Hungary on 08/07/2021 and until 15/10/2021 when the Moscow City Court adopted its decision on pre-trial detention, he was in pre-trial detention without proper order (see Kalinichenko v. Russia, no. 40834/11, paras. 75-78,
9 July 2019)
7422/22*
22/01/2022
Aleksandr Pavlovich KUZIN
1982
05/08/2020
-
pending on the date when the application was lodged with the Court
Yakutsk Town Court of the Sakha Republic, Supreme Court of the Sakha Republic
More than 2 year(s) and 8 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 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
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - Impossibility to have a private consultation with counsel via a video-link during the appellate hearing at the Supreme Court of the Sakha Republic on 22/10/2021 (see Khodokovskiy v. Russia, no. 5829/04, paras. 230-233,
31 May 2011),
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during court hearings in the Yakutsk Town Court of the Sakha Republic 02/10/2020-22/12/2021
Video link from SIZO-1 Sakha Republic 23/10/2020 - 22/10/2021,
Art. 3 - inadequate conditions of detention during transport - 07/08/2020-17/01/2022; by van, 0.2 sq. m per person, overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light,
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
8450/22*
23/01/2022
Dmitriy Viktorovich KULAGA
1978
02/04/2014 to
24/12/2020
22/06/2021
-
pending on the date when the application was lodged with the Court
Divnogorskiy Town Court of the Krasnoyarsk Region, Krasnoyarsk Regional Court
6 year(s) and 8 month(s) and 23 day(s)
More than 1 year(s) and 9 month(s) and 16 day(s)
fragility of the reasons employed by the courts;
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 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
8961/22*
28/12/2021
Eldar Valeryevich GARIPOV
1995
Igor Yuryevich Skachko
St Petersburg
11/02/2021
-
pending on the date when the application was lodged with the Court
Leninskiy District Court of St Petersburg, St Petersburg City Court
More than 2 year(s) and 1 month(s) and 27 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention - Leninskiy District Court, 02/06/2021, appeal lodged on 07/06/2021, St Petersburg City Court, 01/07/2021, 24 days;
Leninskiy District Court of St Petersburg, 30/08/2021, appeal lodged on 02/09/2021, St Petersburg City Court, 21/10/2021, 1 month and
18 days;
Leninskiy District Court of St Petersburg, 28/06/2021, appeal lodged on 29/06/2021, St Petersburg City Court, 22/07/2021, 23 days;
Leninskiy District Court of St Petersburg, 30/07/2021, appeal lodged on 02/08/2021, St Petersburg City Court, 19/08/2021, 17 days;
Leninskiy District Court of St Petersburg, 10/08/2021, appeal lodged on 17/08/2021, St Petersburg City Court, 16/09/2021, 30 days;
Leninskiy District Court of
St Petersburg, 30/08/2021, appeal lodged on 02/09/2021, St Petersburg City Court, 21/10/2021, 1 month and
18 days;
Leninskiy District Court of
St Petersburg, 10/11/2021, appeal lodged on 15/11/2021, appeal proceedings were pending on the date when the application was lodged with the Court
10983/22
02/02/2022
Danis Rustemovich AKHMADEYEV
1992
23/06/2020
-
pending on the date when the application was lodged with the Court
Privolzhskiy District Court of Kazan, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court
More than 2 year(s) and 9 month(s) and 15 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