Published on 30 October 2023
FIRST SECTION
Application no. 5214/18
Ruslan Vasilyevich SULEYMANOV against Russia
and 23 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 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
5214/18*
19/01/2018
Ruslan Vasilyevich SULEYMANOV
1979
Yuliya Viktorovna Bondarenko
Moscow
30/05/2016 to
19/04/2019
Tverskoy District Court of Moscow, Moscow City Court
2 year(s) and 10 month(s) and 21 day(s)
fragility of the reasons employed by the courts;
collective detention orders;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention - Moscow City Court, 29/08/2017, Moscow City Court (Appeal Chamber), 10/10/2017, 1 month and 11 days
44704/18*
10/09/2018
Magomed Khamzatovich KHAZBIYEV
1979
Andrey Vasilyevich Sabinin
Stavropol
11/01/2018 to
27/11/2018
Magasskiy District Court of the Ingushetia Republic, Supreme Court of the Ingushetia Republic
10 month(s) and 17 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
Art. 8 (1) - refusal of leave to prisoner for attending funeral of close relatives - The applicant was refused to attend funeral of his father,
Art. 10 (1) - Freedom of expression - Conviction of insulting public official,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Magasskiy District Court of the Ingushetia Republic, 21/06/2018 - 27/11/2018
48791/18*
04/10/2018
Dmitriy Yuryevich GOREV
1976
Marat Munirovich Zinnatullin
Krasnodar
06/04/2017 to
06/04/2018
Oktyabrskiy District Court of Krasnodar, Krasnodar Regional Court
1 year(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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed
50193/18*
16/10/2018
Artem Vyacheslavovich LYUBIMOV
1976
01/09/2021
-
Pending on the date when the complaint was raised with the Court for the first time (application form of 24/06/2022)
Ramenskoye Town Court, Moscow Regional Court
More than 1 year(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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - lack of the prosecuting party during the administrative proceedings. Final decision: 22/05/2018, Moscow Regional Court; sentenced to administrative detention of 15 days,
Art. 5 (1) - unlawful detention - 31/03/2018, 9.55 p.m. - 02/04/2018, 11.30 a.m.; raised in administrative proceedings, in particular, on 16/04 and 22/05/2018; the applicant taken to the police station as an administrative suspect: no evidence / assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity
58880/18*
27/11/2018
Konstantin Pavlovich TARAN
1979
16/08/2018 to
29/12/2021
Tverskoy District Court of Moscow, Moscow City Court
3 year(s) and 4 month(s) and 14 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
8940/19*
07/02/2019
Maksim Aleksandrovich KOSAREV
1972
Ivan Viktorovich Terekhov
Moscow
16/02/2021 -
Pending on the date when the complaint was raised with the Court for the first time in 2021
Chertanovskiy District Court of Moscow, Moscow City Court
More than 2 year(s) and 6 month(s) and 2 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
Art. 5 (4) - excessive length of judicial review of detention - Chertanovskiy District Court of Moscow, 17/02/2021, appeal lodged on 24/02/2021, Moscow City Court, 16/03/2021, 20 days,
Art. 8 (1) - unlawful search - "Urgent" search of the applicant’s flat; 19/02/2018, Investigator of the Moscow City Investigative Committee; 20/02/2018, two-tier judicial review of the lawfulness of the search, final decision taken by the Moscow City Court on 10/10/2018; no special safeguards for lawyers: no special instructions by a judge regarding privileged materials, no adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police’s discretion)
14931/19*
15/03/2019
Vladislav Yevgenyevich BABIYCHUK
1981
Andarbek Sharanovich Magomadov
Moscow
19/12/2018 to
30/09/2020
Nikulinskiy District Court of Moscow, Kolpinskiy District Court of St Petersburg, Moscow City Court, St Petersburg City Court
1 year(s) and 9 month(s) and 12 day(s)
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention –
Nikulinskiy District Court of Moscow, 21/12/2018, appeal lodged on 24/12/2018,
Moscow City Court, 31/01/2019, 1 month and 7 days;
Kolpinskiy District Court of St Petersburg, 30/05/2019, appeal lodged on 07/06/2019, St Petersburg City Court, 17/07/2019, 1 month and 9 days;
Kolpinskiy District Court of St Petersburg, 29/08/2019, appeal lodged on 30/08/2019, St Petersburg City Court, 09/10/2019, 1 month and 9 days;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Nikulinskiy District Court of Moscow, Kolpinskiy District Court of St Petersburg, Moscow City Court, St Petersburg City Court, from 21/1/2018 to 30/09/2020,
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings,
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention,
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 4 of the Convention
28944/19
20/05/2019
Yuriy Lvovich ORESHKIN
1968
Mikhail Borisovich Belov
Moscow
22/06/2018 -
Pending on the date when the application was lodged
Ostankinskiy District Court of Moscow, Moscow City Court
More than 4 year(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; collective detention orders
38672/19*
12/07/2019
Kirill Gennadyevich LASKIN
1971
Maksim Ivanovich Kamakin
St Petersburg
05/02/2019 -
Pending on the date when the application was lodged
Kuybyshevskiy District Court of St Petersburg, St Petersburg City Court
More than 3 year(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
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - St Petersburg City Court, 12/03/2019,
Art. 5 (4) - excessive length of judicial review of detention –
Kuybyshevskiy District Court of St Petersburg, 08/02/2019, appeal lodged on 11/02/2019, St Petersburg City Court, 12/03/2019, 29 days;
Kuybyshevskiy District Court of St Petersburg, 01/04/2019, appeal lodged on 04/04/2019, St Petersburg City Court, 24/04/2019, 20 days;
Kuybyshevskiy District Court of St Petersburg, 17/05/2019, appeal lodged on 20/05/2019, St Petersburg City Court, 19/06/2019, 30 days;
Kuybyshevskiy District Court of St Petersburg, 31/07/2019, appeal lodged on 05/08/2019, St Petersburg City Court, 03/09/2019, 29 days;
Kuybyshevskiy District Court of St Petersburg, 18/09/2019, appeal lodged on 23/09/2019, St Petersburg City Court, 23/10/2019, 30 days
43577/19
08/08/2019
Sergey Vladimirovich GERASIMOV
1969
Artem Vaniyanovich Karakasiyan
Moskva
10/10/2018 to
22/08/2019
Basmannyy District Court of Moscow, Moscow City Court
10 month(s) and 13 day(s)
fragility of the reasons employed by the courts;
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;
collective detention orders
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Basmannyy District Court of Moscow, Moscow City Court, 11/10/2018 - 06/06/2019
46700/19
26/08/2019
Vagan Leonovich ABGARYAN
1970
Artur Albertovich Avanesyan
Moscow
14/02/2019
-
Pending on the date when the application was lodged
Basmannyy District Court of Moscow, Moscow City Court
More than 4 year(s) and 6 month(s) and 4 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; economic crime;
collective detention orders
47517/19
28/08/2019
Michael John CALVEY
1967
Dmitry Vitalyevich Kletochkin
Moscow
14/02/2019 -
Pending on the date when the application was lodged
Basmannyy District Court of Moscow, Moscow City Court
More than 4 year(s) and 6 month(s) and 4 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; failure to examine the possibility of applying other measures of restraint; economic crime
55063/19
11/10/2019
Maksim Nikolayevich MIROSHNIK
1982
Andrey Alekseyevich Gaydaenko
Moscow
04/12/2018
-
Pending on the date when the application was lodged
Tverskoy District Court of Moscow, Moscow City Court
More than 4 year(s) and 8 month(s) and 14 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
3372/20*
15/11/2019
Mikhail Alekseyevich SMYKOV
1978
Kirill Alekseyevich Morozov
Krasnodar
28/11/2018 to
15/05/2019
Oktyabrskiy District Court of Kirov, Kirov Regional Court
5 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed
4294/21*
14/01/2021
Andrey Vitalyevich GALOCHKA
1972
23/01/2020
-
Pending on the date when the application was lodged
Tverskoy District Court of Moscow, Moscow City Court
More than 2 year(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; collective detention orders
Art. 3 - inadequate conditions of detention during transport - 20/03/2020 - 20/04/2021; van, transit cell; lack of fresh air, no or restricted access to toilet, overcrowding, 0.4 - 1.8 sq. m per person,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IZ-Moscow, 23/01/2020 - pending on the date when the application was lodged,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Tverskoy District Court of Moscow, Moscow City Court, 24/01/2020 - 20/04/2021
44633/21
02/07/2021
Lyubov Aleksandrovna KAPRAVAYA
1979
Oleg Vladimirovich Tazov
Moscow
04/02/2021
-
Pending on the date when the application was lodged
Tverskoy District Court of Moscow, Moscow City Court
More than 1 year(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
Art. 5 (4) - excessive length of judicial review of detention - Tverskoy District Court, 05/02/2021, appeal lodged on 08/02/2021, Moscow City Court, 15/03/2021, 1 month and 5 days;
Tverskoy District Court, 01/04/2021, appeal lodged on 05/04/2021, Moscow City Court, 28/04/2021, 23 days
45683/21*
25/08/2021
Igor Nikolayevich PYATIGORETS
1963
Svetlana Anatolyevna Podgornaya
Rostov-na-Donu
19/04/2019
-
Pending on the date when the application was lodged
Leninskiy District Court of Rostov-on-Don,
Ust-Donetskiy District Court of the Rostov Region, Rostov Regional Court, Third Appellate Court
More than 3 year(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
49549/21*
09/09/2021
Ayrat Aydarovich KAMALOV
1978
Irina Vladimirovna Khrunova
Kazan
18/02/2021
-
Pending on the date when the application was lodged
Tverskoy District Court of Moscow, Moscow City Court
More than 1 year(s)
fragility of the reasons employed by the courts;
collective detention orders;
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 - Tverskoy District Court of Moscow, 19/02/2021, appeal lodged on 25/02/2021, Moscow City Court, 22/03/2021, 25 days;
Tverskoy District Court of Moscow, 14/04/2021, appeal lodged on 16/04/2021, Moscow City Court, 31/05/2021, 1 month and 14 days
53523/21*
12/10/2021
Yevgeniy Yuryevich MAKSIMOV
1983
Natalya Anatolyevna Lashkina
Mikhaylovsk
28/01/2021 to
10/09/2021
Oktyabrskiy District Court of Stavropol, Stavropol Regional Court
7 month(s) and 14 day(s)
fragility of the reasons employed by the courts;
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
55098/21*
08/11/2021
Pavel Alekseyevich MASLOVSKIY
1956
Oksana Vladimirovna Preobrazhenskaya
Strasbourg
24/12/2020
-
Pending on the date when the application was lodged
Tverskoy District Court of Moscow, Moscow City Court
More than 1 year(s)
fragility of the reasons employed by the courts;
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
58660/21*
26/11/2021
Viktor Mikhaylovich KANEVSKIY
1982
Vyacheslav Borisovich Lipatenkov
Sverdlovskyy village, Moscow Region
04/02/2021
-
Pending on the date when the application was lodged
Tverskoy District Court of Moscow, Moscow City Court
More than 1 year(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;
collective detention orders
Art. 5 (4) - excessive length of judicial review of detention - Tverskoy District Court of Moscow, 01/07/2021, appeal lodged on 03/07/2021, Moscow City Court, 16/08/2021, 1 month and 13 days
924/22
22/12/2021
Aleksey Leonidovich KRISHTOPA
1980
Oksana Vladimirovna Preobrazhenskaya
Strasbourg
04/03/2021
-
Pending on the date when the application was lodged
Leninskiy District Court of Stavropol, Stavropol Regional Court
More than 1 year(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 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 - Leninskiy District Court of Stavropol, 31/05/2021, appeal lodged on 02/06/2021, Stavropol Regional Court, 26/07/2021, 1 month and 23 days,
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention,
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 4 of the Convention
3193/22*
14/12/2021
Igor Yakovlevich SHAPIRO
1970
Aleksandr Vladimirovich Kiryanov
Taganrog
11/10/2021
-
Pending on the date when the application was lodged
Basmannyy District Court of Moscow, Moscow City Court
More than 10 month(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
16802/22*
09/03/2022
Vitaliy Vyacheslavovich KOLESNIKOV
1972
Vladimir Sergeyevich Goryunov
Moscow
27/01/2020
-
Pending on the date when the application was lodged
Babushkinskiy District Court of Moscow, Moscow Regional Court, First Appellate Court
More than 2 year(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; 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
Art. 5 (4) - excessive length of judicial review of detention - Moscow Regional Court, 02/09/2021, appeal lodged on 04/09/2021, First Appellate Court, 06/10/2021, 1 month and 2 days
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