Published on 27 March 2023
FOURTH SECTION
Application no. 50/22
David Valeryevich SUROV against Russia
and 17 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 complaints raised under Article 5 § 3 of the Convention relating to 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
50/22
05/12/2021
David Valeryevich SUROV
1999
Natalya Aleksandrovna Yazykova
Maykop
11/03/2021
pending
Maykop Town Court of Adygea Republic, Supreme Court of Adygea Republic
More than 1 year(s) and 10 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. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention
2550/22*
15/12/2021
Dmitriy Aleksandrovich KUZNETSOV
1977
Olga Pavlovna Tseytlina
St Petersburg
22/06/2020
pending
Kuybyshevskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court
More than 2 year(s) and 6 month(s) and 28 day(s)
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 - Appeals against the detention order of St Petersburg City Court of 02/08/2021, lodged on 04/08/2021 and 10/08/2021, were examined on 15/09/2021 by the Second Appellate Court;
Appeals against the detention order of St Petersburg City Court of 28/10/2021, lodged on 28/10/2021 and 29/10/2021, were examined on 25/11/2021 by the Second Appellate Court.
6597/22*
01/04/2022
Eldar Afrailovich GUSEYNOV
1986
21/03/2016
pending
Zheleznodorozhnyy District Court of Barnaul, Altay Regional Court
More than 6 year(s) and 9 month(s) and 29 day(s)
collective detention orders;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
8488/22*
22/01/2022
Timur Rimovich RAKHIMYANOV
1992
23/05/2018
pending
Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court
More than 4 year(s) and 7 month(s) and 27 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; persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group
Art. 5 (4) - excessive length of judicial review of detention – the detention orders issued by the Supreme Court of the Tatarstan Republic on 29/06/2021, was upheld by the Fourth Appellate Court on 21/07/2021
10421/22*
01/02/2022
Aleksandr Sergeyevich RODIONOV
1959
Yelena Viktorovna Volkova
Moscow
27/04/2021
pending
Tverskoy District Court of Moscow, Moscow City Court
More than 1 year(s) and 8 month(s) and 23 day(s)
collective detention orders; 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
12880/22*
31/01/2022
Pavel Vladimirovich NARKEVICH
1964
Igor Yuryevich Sayevets
Moscow
08/07/2021
pending
Krasnogorsk Town Court, Moscow Regional Court
More than 1 year(s) and 6 month(s) and 11 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; persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Krasnogorsk Town Court,
from 23/08/2021 to 20/10/2021
13141/22
02/02/2022
Sergey Anatolyevich TOROP
1961
Ivan Aleksandrovich Khoroshev
Krasnoyarsk
22/09/2020
pending
Tsentralnyy District Court of Novosibirsk, Novosibirsk Regional Court
More than 2 year(s) and 3 month(s) and 28 day(s)
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 examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; 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
13251/22*
02/02/2022
Ilya Olegovich SNIGIREV
1999
Mark Vladimirovich Dobryanskiy
Perm
30/07/2021
pending
Dzerzhinskiy District Court of Perm, Perm Regional Court
More than 1 year(s) and 5 month(s) and 20 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
13513/22*
08/02/2022
Valentin Mikhaylovich SHCHUKIN
1955
Yuriy Mikhaylovich Kirillov
Moscow
02/08/2021
pending
Presnenskiy District Court of Moscow, Moscow City Court
More than 1 year(s) and 5 month(s) and 16 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; fragility of the reasons employed by the courts
14129/22*
10/02/2022
Eleonora Eduardovna CHECHENOVA
1992
Zaurbek Anatolyevich Anzarov
Kislovodsk
11/02/2020
pending
Nalchik Town Court of Kabardino-Balkaria Republic, Supreme Court of Kabardino-Balkaria Republic
More than 2 year(s) and 11 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 conduct the proceedings with due diligence during the period of detention
14403/22
21/02/2022
Damir Gazinurovich KHASANSHIN
1997
01/06/2020
pending
Aviastroitelnyy District Court of Kazan, Supreme Court of the Tatarstan Republic
More than 2 year(s) and 7 month(s) and 18 day(s)
fragility of the reasons employed by the courts;
failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial;
failure to conduct the proceedings with due diligence during the period of detention
15620/22
25/02/2022
Yevgeniy Ilyich SKATOV
1975
24/12/2020
pending
Syktyvkar Town Court of Komi Republic; Supreme Court of Komi Republic
More than 2 year(s) and 26 day(s)
fragility and repetitiveness of the reasoning employed by the courts as the case progressed; 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
16597/22
01/03/2022
Lachyn Yusif ogly MURADOV
1988
Aleksey Valentinovich Grigoryev
Vyborg
19/11/2020 to
19/01/2022
Vyborg Town Court of the Leningrad Region, Leningrad Regional Court
1 year(s) and
2 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 conduct the proceedings with due diligence during the period of detention;
failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage on numerous occasions during court hearings at Vyborg Town Court of the Leningrad Region from 20/11/2020 to 19/01/2022
17349/22
25/02/2022
Aleksandr Vladimirovich ROZOCHKIN
1989
16/11/2019
pending
Ostankinskiy District Court of Moscow, Babushkinskiy District Court of Moscow, Supreme Court of Russia
More than 3 year(s) and 2 month(s) and 3 day(s)
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; collective detention orders
18331/22
15/03/2022
Anton Aleksandrovich KOLOSKOV
1983
21/03/2021
pending
Basmannyy District Court of Moscow, Moscow City Court
More than 1 year(s) and 9 month(s) and 29 day(s)
collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding;
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
19935/22
11/03/2022
Konstantin Vasilyevich KHOROBRYY
1981
09/11/2014
pending
Lomonosovskiy District Court of Arkhangeksk, Arkhangelsk Regional Court, Second Appellate Court
More than 8 year(s) and 2 month(s) and 10 day(s)
fragility and repetitiveness of the reasoning employed by the courts as the case progressed; collective detention orders; 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. 5 (4) - excessive length of judicial review of detention - Detention order - Arkhangelsk Regional Court, on 24/12/2021; appeal lodged by the applicant on 27/12/2021; Appeal hearing - Second Appellate Court of Saint Petersburg, 03/02/2022
34008/22
07/02/2022
Aleksandr Aleksandrovich VYSOKIKH
1966
11/12/2014
pending
Arkhangelsk Regional Court, Second Appellate Court
More than 8 year(s) and 1 month(s) and 8 day(s)
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice, as the case progressed; fragility of the reasons employed by the courts as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; failure to conduct the proceedings with due diligence during the period of detention;
collective detention orders
Art. 5 (4) - excessive length of judicial review of detention - appeal against the decision of the Arkhangelsk Regional Court of 16/09/2021 extending the applicant’s pre-trial detention was considered by the Second Appellate Court on 14/10/2021
34033/22
25/06/2022
Artem Gennadyevich PROTOPOPOV
1982
Oksana Gennadyevna Olgerdt
Moscow
19/08/2021
pending
Lefortovskiy District Court of Moscow, Moscow City Court
More than 1 year(s) and 5 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