Published on 30 May 2023
FOURTH SECTION
Application no. 33610/18
Dmitriy Aleksandrovich TRETYAKOV against Russia
and 21 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 4 May 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
33610/18*
16/07/2018
Dmitriy Aleksandrovich TRETYAKOV
1985
Oksana Vladimirovna Preobrazhenskaya
Strasbourg
14/03/2018 to
28/03/2019
Frunzenskiy District Court of Vladivostok, Primorye Regional Court
1 year(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 examine the possibility of applying other measures of restraint;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (1) - unlawful deprivation of liberty - the applicant detained as a suspect in excess of 48 hours from 14/03/2018 to 16/03/2018,
Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant posted a note in his Telegram channel, commenting the article of a famous journalist about peaceful and violent protests. He was convicted of a criminal offence of calls to participate in extremist activities (Art 280.2 CCP). Final – Primorye Regional Court, 26/06/2019,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,
Art. 3 - inadequate conditions of detention during transport - the applicant transported on numerous occasions in “stakan”-type single-prisoner cubicles from 14/03/2018 to 26/10/2018
13453/19*
06/06/2019
Igor Aleksandrovich DONTSOV
1969
06/09/2017
and ongoing on the date when the application was lodged with the Court
Moscow City Court
More than 5 year(s) and 6 month(s) and 10 day(s)
the applicant is charged with misappropriation of budgetary funds - "white collar" crime;
failure to conduct the proceedings with due diligence during the period of detention;
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
29435/19
24/05/2019
Dmitriy Aleksandrovich MARTYNOV
1972
Mikhail Vladimirovich Matyushin
Moscow
01/02/2017 to
06/02/2019
Nikulinskiy District Court of Moscow; Moscow City Court
2 year(s) and 6 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 conduct the proceedings with due diligence during the period of detention;
fragility of the reasons employed by the courts;
33453/19*
19/06/2019
Reyal Kyamal ogly RASULOV
1992
Aleksandr Fedorovich Fleganov
Petrozavodsk
15/08/2015
and ongoing on the date when the application was lodged with the Court
Petrozavodsk Town Court of Karelia Republic, Supreme Court of the Karelia Republic
More than
7 year(s) and 7 month(s) and 1 day(s)
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;
collective detention orders;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
35997/19*
25/06/2019
Vyacheslav Valeryevich KRUGLOV
1989
Aleksandr Kuzmich Khudyakov
Sergiyev Posad
05/03/2019 to
19/07/2019
Sergiyev-Posad Town Court; Moscow Regional Court
4 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
36343/19
25/06/2019
Oleg Viktorovich KRASNOV
1982
Yelena Anatolyevna Mamedova
Samara
28/02/2017 and ongoing on the date when the application was lodged with the Court
Samarskiy District Court of Samara, Leninskiy District Court of Samara, Samara Regional Court
More than
6 year(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 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
37080/19
01/07/2019
Sergey Dmitriyevich ZAKHAROV
1994
Mikhail Igorevich Shogin
Petrozavodsk
25/05/2018
and ongoing on the date when the application was lodged with the Court
Petrozavodsk Town Court of the Republic of Karelia, Supreme Court of the Republic of Karelia
More than
4 year(s) and 9 month(s) and 19 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
37151/19*
02/07/2019
Mikhail Aleksandrovich FOMIN
1976
Igor Nikolayevich Simonenkov
Moscow
20/06/2018
and ongoing on the date when the application was lodged with the Court
Tverskoy District Court of Moscow, Moscow City Curt
More than
4 year(s) and 8 month(s) and 24 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; collective detention orders
37841/19*
11/07/2019
Nikita Valentinovich KOLESNIKOV
1965
Vladimir Vladimirovich Slyunin
Moscow
17/05/2018 to
12/08/2019
Basmannyy District Court of Moscow, Moscow City Court
1 year(s) and 2 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 examine the possibility of applying other measures of restraint;
fragility of the reasons employed by the courts
38127/19*
18/07/2019
Vasiliy Pavlovich SUKHORUKOV
1960
Sergey Vyacheslavovich Kolosovskiy
Yekaterinburg
30/01/2019 to
27/01/2020
Kirovskiy District Court of Astrakhan, Astrakhan 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (1) - unlawful deprivation of liberty - unrecorded detention between 30/01/2019, 3.30 pm, and 31/01/2019, 12.15 am, raised on appeal
38221/19*
25/06/2019
Aleksandr Yuryevich SAFONOV
1974
Andrey Vitalyevich Aleksandrov
Moscow
29/05/2018
and ongoing on the date when the application was lodged with the Court
Basmannyy District Court of Moscow; Moscow City Court
More than
4 year(s) and 9 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 3 - inadequate conditions of detention during transport - van, transit cell, from 31/05/2018 to 24/05/2019, 0.5 sq. m. per inmate, no or restricted access to toilet, lack of fresh air, lack of or insufficient electric light,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during hearings on extension of pre-trial detention term at the Basmannyy District Court of Moscow from 31/05/2018 to 24/05/2019
38695/19
12/07/2019
Van Kuyen TRAN
2019
Maksim Ivanovich Kamakin
St Petersburg
06/10/2018
and ongoing on the date when the application was lodged with the Court
Dzerzhinskiy District Court of St Petersburg; St Petersburg City Court
More than
4 year(s) and 5 month(s) and 10 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
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Dzerzhinskiy District Court of St Petersburg on 30/04/2019, 03/07/2019; St Petersburg City Court on 11/06/2019,
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - lengthy review of detention, Dzerzhinskiy District Court, 11/06/2019, appeal lodged on 03/05/2019, St Petersburg City Court,11/06/2019, 1 month and
8 days
38843/19*
05/07/2019
Yevgeniy Aleksandrovich MEZIN
1988
08/02/2019
and ongoing on the date when the application was lodged with the Court
Industrialnyy District Court of Perm Region, Perm Regional Court
More than
4 year(s) and 1 month(s) and 8 day(s)
fragility of the reasons employed by the courts;
white collar crime;
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
39194/19*
20/07/2019
Dmitriy Vladimirovich BOGACHEV
1972
27/11/2016 to
20/01/2019
Vyborgskiy Town Court of the Leningrad Region, Kalininskiy District Court of St Petersburg; St Petersburg City Court, Leningrad Regional Court
2 year(s) and 1 month(s) and 25 day(s)
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;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
41384/19*
26/07/2019
Artem Dmitriyevich BELOV
1985
Vyacheslav Anatolyevich Martynov
Monastyrshchina
04/02/2019
and ongoing on the date when the application was lodged with the Court
Novomoskovsk Town Court of the Tula Region, Tula Regional Court
More than
4 year(s) and 1 month(s) and 12 day(s)
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;
fragility of the reasons employed by the courts;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
41579/19
29/07/2019
Kirill Alekseyevich ADAMOV
1988
28/02/2018 to
15/07/2019
Tsentralnyy District Court of Chita, Zabaykalskiy Regional Court
1 year(s) and 4 month(s) and 18 day(s)
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 assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding;
fragility of the reasons employed by the courts;
collective detention orders
41874/19*
26/07/2019
Aleksandr Vyacheslavovich PISAREV
1986
Dmitriy Arkadyevich Denisov
Astrakhan
21/04/2018 to
18/06/2019
20/06/2019 to
16/09/2019
Trusovskiy District Court of Astrakhan, Sovetskiy District Court of Astrakhan, Astrakhan Regional Court
1 year(s) and 1 month(s) and 29 day(s)
2 month(s) and 28 day(s)
fragility of the reasons employed by the courts;
failure to conduct the proceedings with due diligence during the period of detention;
"white collar" type crime;
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 - Trusovskiy District Court of Astrakhan, Sovetskiy District Court of Astrakhan, Astrakhan Regional Court (in person and by video conference from a remand prison); multiple hearings between 21/04/2018 and 05/12/2019,
Art. 3 - inadequate conditions of detention during transport - van (Astrakhan/Volgograd/Pyatigorsk) 4 journeys between 24/12/2019 and 09/01/2020, cramped individual compartment ("glass"),
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and detention in cage during court hearings
57670/19*
10/01/2020
Aleksandr Vasilyevich PETROV
1982
25/09/2019 to
16/01/2020
Moskovskiy District Court of Tver, Tver Regional Court
3 month(s) and 23 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;
failure to examine the possibility of applying other measures of restraint
59300/19
08/11/2019
Lidiya Yuryevna PODREZOVA
1991
Gulmira Kuatovna Alimova
Novosibirsk
07/06/2019
and ongoing on the date when the application was lodged with the Court
Zayeltsovskiy District Court of Novosibirsk, Novosibirsk Regional Court
More than
3 year(s) and 9 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;
failure to examine the possibility of applying other measures of restraint
6556/20*
17/01/2020
Dmitriy Valeryevich GUSAKOV
1983
18/07/2017
and ongoing on the date when the application was lodged with the Court
Sestroretskiy District Court of
St Petersburg, St Petersburg City Court, Kalininskiy District Court of
St Petersburg, Moskovskiy District Court of
St Petersburg
More than
5 year(s) and 8 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 conduct the proceedings with due diligence during the period of detention;
collective detention orders
Art. 8 (1) - restrictions on family visits in pre-trial facilities – SIZO‑1 St Petersburg; refusal of long-term family visits; in 2018, 2019 the applicant’s mother requested a long-term visit with him but faced a refusal on the ground that long-term visits are not provided for by the national law,
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
52695/20*
17/06/2021
Ilya Leonidovich VYGUZOV
1978
27/07/2018
and ongoing on the date when the application was lodged with the Court
Industrialnyy District Court of Izhevsk, Supreme Court of the Republic of Udmurtiya
More than
4 year(s) and 7 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
53402/20*
01/07/2021
Viktor Vladimirovich KACHAYEV
1992
30/11/2019
and ongoing on the date when the application was lodged with the Court
Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
More than
3 year(s) and 3 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;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; collective detention orders
Art. 5 (4) - excessive length of judicial review of detention - Sovetskiy District Court of Krasnoyarsk, 08/07/2021, Krasnoyarsk Regional Court, 10/08/2021; Sovetskiy District Court of Krasnoyarsk on 29/10/2021, Krasnoyarsk Regional Court, 30/11/2021