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You are here: BAILII >> Databases >> European Court of Human Rights >> FILIPPOV AND OTHERS v. RUSSIA - 49118/21 (Article 5 - Right to liberty and security : Fifth Section Committee) [2024] ECHR 281 (04 April 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/281.html Cite as: [2024] ECHR 281 |
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FIFTH SECTION
CASE OF FILIPPOV AND OTHERS v. RUSSIA
(Applications nos. 49118/21 and 31 others -
see appended list)
JUDGMENT
STRASBOURG
4 April 2024
This judgment is final but it may be subject to editorial revision.
In the case of Filippov and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Mattias Guyomar,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 14 March 2024,
Delivers the following judgment, which was adopted on that date:
1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table.
2. The Russian Government ("the Government") were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the excessive length of their pre-trial detention. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68-73, 17 January 2023).
7. The applicants complained principally that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention.
8. The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kudła v. Poland [GC], no. 30210/96, § 110, ECHR 2000-XI, and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006-X, with further references).
9. In the leading case of Dirdizov v. Russia, no. 41461/10, 27 November 2012, the Court already found a violation in respect of issues similar to those in the present case.
10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the applicants' pre-trial detention was excessive.
11. These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention.
12. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Idalov v. Russia [GC], no. 5826/03, §§ 154-58, 22 May 2012, as regards lengthy review of detention matters; Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), concerning detention in a metal cage during court hearings; Korshunov v. Russia, no. 38971/06, 25 October 2007, related to the lack of an enforceable right to compensation for detention which has been found to be in violation of Article 5 § 3 of the Convention.
13. In view of the above findings, the Court considers that there is no need to deal separately with the complaint under Article 13 of the Convention about the lack of effective domestic remedies relating to the use of metal cages and other security arrangements in the courtrooms (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
14. Regard being had to the documents in its possession and to its case-law (see, in particular, Pastukhov and Yelagin v. Russia, no. 55299/07, 19 December 2013), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 4 April 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
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 | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1] | |
23/09/2021 | Leonid Iosifovich FILIPPOV 1960 | Krikun Leonid Leonidovich St Petersburg | 16/03/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Vsevolozhsk Town Court of the Leningrad Region, Leningrad Regional Court | 1 year(s) and 6 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; failure to examine the possibility of applying other measures of restraint | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Vsevolozhsk Town Court on 15/06/2021, Leningrad Regional Court on 08/07/2021 and 30/07/2021 (videoconference),
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention: excessive judicial review of detention
Vsevolozhsk Town Court, 13/05/2021, appeal lodged on 15/05/2021, appeal decision by the Leningrad Regional Court on 08/07/2021;
Vsevolozhsk Town Court, 15/06/2021, appeal lodged on 21/06/2021, appeal decision by the Leningrad Regional Court on 30/07/2021 | 9,750 | |
04/08/2021 | Ilfat Ilgizarovich KHAYRUTDINOV 1988 |
| 13/06/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan, the Fourth Appeal Court of General Jurisdiction | 3 year(s) and 3 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 | Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention: excessive judicial review of detention
Supreme Court of the Tatarstan Republic, 12/05/2021, appeal decision by the Fourth Appellate Court on 10/06/2021
| 3,900 | |
28/09/2021 | Yevgeniy Gennadyevich KORMUSHKIN 1986 | Myltsyn Dmitriy Andreyevich Moscow | 17/02/2021 to 13/08/2021 | Perovskiy District Court of Moscow, Moscow City Court | 5 month(s) and 28 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 | 1,000 | |
28/09/2021 | Konstantin Vladimirovich YEGOROV 1980 | Peredruk Aleksandr Dmitriyevich St Petersburg | 02/04/2021 to 23/11/2021 | Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court | 7 month(s) and 22 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; fragility of the reasons employed by the courts | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant was held in a metal cage during the proceedings concerning the prolongation of his pre-trial detention on 27/05/2021 and 28/07/2021 in the Tsentralnyy District Court of Krasnoyarsk | 9,750 | |
11/10/2021 | Anton Olegovich KAPILEVICH 1985 | Suslova Irina Aleksandrovna Vyborg | 04/06/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Vyborg Town Court of Leningrad Region, Leningrad Regional Court | 2 year(s) and 3 month(s) and 13 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. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during hearings in the Vyborg Town Court of the Leningrad Region and, via video link, in the Leningrad Regional Court, 05/06/2020 - ongoing possibly as of 16/09/2022 | 9,750 | |
21/10/2021 | Vladimir Petrovich MAKAROV 1960 | Svechnikova Inessa Vadimovna Moscow | 08/09/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Basmannyy Court of Moscow, Moscow City Court | 2 year(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; failure to examine the possibility of applying other measures of restraint; collective detention orders |
| 2,100 | |
05/10/2021 | Yuriy Pavlovich ZHDANOV 1954 | Sirosh Fedor Yevgenyevich Moscow | 26/03/2021 to 19/12/2021 | Lomonosovskiy District Court of Arkhangelsk, Arkhangelsk Regional Court | 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 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 |
| 1,000 | |
19/10/2021 | Denis Olegovich PAVLOV 1991 | Shovdin Yuriy Aleksandrovich Kosmodemyanskiy | 29/08/2017 to 16/11/2021 | Moscow City Court, Zuzinskiy District Court of Moscow, Izmaylovskiy District Court of Moscow | 4 year(s) and 2 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; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention | Art. 5 (4) - excessive length of judicial review of detention:
Izmaylovskiy District Court of Moscow, 24/02/2021, appeal lodged on 26/02/2021, appeal decision by the Moscow City Court on 25/05/2021 | 4,800 | |
14/10/2021 | Sergey Pavlovich YURIN 1978 | Laptev Aleksey Nikolayevich Moscow | 11/02/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Khamovnicheskiy District Court of Moscow, Moscow City Court | 1 year(s) and 7 month(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 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 and defects in the judicial examination of the detention matters:
Khamovnicheskiy District Court of Moscow, 31/03/2021, appeal decision by the Moscow City Court on 11/05/2021;
Khamovnicheskiy District Court, 07/06/2021, appeal decision by the Moscow City Court on 17/08/2021;
Khamovnicheskiy District Court, 23/08/2021, no review,
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention | 2,300 | |
04/10/2021 | Askar Linarovich GAYNULLIN 1997 |
| 21/07/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan, Fourth Appellate Court | 2 year(s) and 1 month(s) and 27 day(s)
| collective detention orders; 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 |
| 2,200 | |
11/10/2021 | Anna Vasilyevna MALYSHEVA 1976 |
| 19/04/2017 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Novo-Savinskiy District Court of Kazan, Supreme Court of Tatarstan Republic | 5 year(s) and 4 month(s) and 29 day(s)
| failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint |
| 5,000 | |
28/10/2021 | Roman Mikhaylovich UCHACHEV 1968 |
| 01/09/2017 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Babushkinskiy District Court of Moscow, Serpukhov Town Court of Moscow, Moscow Regional Court, the First Appellate Court | 5 year(s) and 16 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; fragility of the reasons employed by the courts; collective detention orders |
| 5,000 | |
25/10/2021 | Ilya Mikhaylovich GLUSHKO 1984 | Revyakin Yevgeniy Vladimirovich Leningradskaya | 30/05/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Kanevskiy District Court of Krasnodar Region, Krasnodar Regional Court | 1 year(s) and 3 month(s) and 18 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; failure to assess the applicant's personal situation reducing the risks of re-offending, colluding or absconding |
| 1,400 | |
25/10/2021 | Anatoliy Anatolyevich KUZNETSOV 1975 |
| 16/12/2019 to 16/08/2021 | Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court | 1 year(s) and 8 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; failure to examine the possibility of applying other measures of restraint
| Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Tsentralnyy District Court of Krasnoyarsk, 18/12/2019 - 16/08/2021 | 9,750 | |
09/11/2021 | Denis Valeryevich SEMIN 1996 | Grigoryev Aleksey Valentinovich Vyborg | 10/05/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Vyborg Town Court of the Leningrad Region, Leningrad Regional Court | 2 year(s) and 4 month(s) and 7 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 | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Vyborg Town Court of the Leningrad Region, Leningrad Regional Court, 16/07/2020 - 16/09/2021 | 9,750 | |
19/11/2021 | Aleksandr Aleksandrovich BUTSIN 1976 | Lebedev Aleksandr Aleksandrovich Moscow | 10/03/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Basmannyy District Court of Moscow, Moscow City Court | 1 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; collective detention orders |
| 1,700 | |
05/11/2021 | Aleksey Viktorovich YEGOROV 1982 | Golub Olga Viktorovna Suzemka | 08/09/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Khoroshevskiy District Court of Moscow, Moscow City Court | 2 year(s) and 9 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed | Art. 5 (4) - excessive length of judicial review of detention:
Khoroshevskiy District Court of Moscow, 06/05/2021, appeal lodged on 12/05/2021, appeal decision by the Moscow City Court on 07/06/2021 | 2,600 | |
25/10/2021 | Yevgeniy Aleksandrovich LARIONOV 1990 |
| 12/04/2018 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Ufimskiy District Court of Bashkortostan Republic, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court | 4 year(s) and 5 month(s) and 5 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; failure to conduct the proceedings with due diligence during the period of detention | Art. 5 (4) - excessive length of judicial review of detention:
Supreme Court of the Tatarstan Republic, 29/04/2021, appeal decision by the Fourth Appellate Court on 28/05/2021 | 5,100 | |
17/11/2021 | Artem Aleksandrovich ALATYREV 1994 |
| 29/07/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Vakhitovsky District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appeal Court | 3 year(s) and 1 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; failure to examine the possibility of applying other measures of restraint | Art. 5 (4) - excessive length of judicial review of detention:
Supreme Court of the Tatarstan Republic, 30/04/2021, appeal decision by the Fourth Appeal Court on 28/05/2021
| 3,700 | |
11/11/2021 | Stanislav Aleksandrovich FEDORCHENKO 1986 | Kostyushev Vladimir Yuryevich Moscow | 10/04/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Lefortovskiy District Court of Moscow, Moscow City Court, First Appellate Court | 2 year(s) and 5 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 conduct the proceedings with due diligence during the period of detention |
| 2,600 | |
22/11/2021 | Madina Madibroyimovna ISLOMOVA 1984 | Petropavlovskiy Vladimir Nikolayevich Lytkarino | 31/08/2017 to 19/08/2021 | Cheremushkinskiy District Court of Moscow, Moscow City Court | 3 year(s) and 11 month(s) and 20 day(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; 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 |
| 4,000 | |
17/11/2021 | Sergey Vladislavovich SHIN 1991 |
| 21/04/2018 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Nizhnekamskiy Town Court, Supreme Court of the Republic of Tatarstan | 4 year(s) and 4 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 examine the possibility of applying other measures of restraint |
| 4,500 | |
24/11/2021 | Dmitriy Igorevich ROSHCHUPKIN 1994 | Kostyushev Vladimir Yuryevich Moscow | 05/02/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Dorogomilovskiy District Court of Moscow, Cheremushinskiy District Court of Moscow, Moscow City Court | 3 year(s) and 7 month(s) and 12 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 |
| 3,800 | |
23/11/2021 | Aleksey Vasilyevich BRIZHAN 1978 | Speranskiy Artur Olegovich Moscow | 28/08/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Khamovnicheskiy District Court of Moscow; Presnenskiy District Court of Moscow; Moscow City Court; First appellate court. | 2 year(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; collective detention orders |
| 2,100 | |
15/12/2021 | Zamir Aytekovich BORSOV 1960 | Vardaya Levan Viktorochi Moscow | 26/02/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Basmannyy District Court of Moscow, Preobrazhenskiy District Court of Moscow, Moscow City Court, Supreme Court | 3 year(s) and 6 month(s) and 22 day(s)
| fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention |
| 3,700 | |
29/11/2021 | Ayrat Rustamovich GATAULLIN 1990 |
| 27/06/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Vakhitovskiy District Court of Tatarstan, Supreme Court of Tatarstan, Fourth Appellate Court | 3 year(s) and 2 month(s) and 21 day(s)
| 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; 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 |
| 3,300 | |
08/12/2021 | Ilshat Ildusovich AKHMETYANOV 1991 |
| 22/05/2018 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Aktanyshskiy District Court of Tatarstan, Vakhitovskiy District Court of Kazan, Supreme Court of Tatarstan, Fourth Appellate Court | 4 year(s) and 3 month(s) and 26 day(s)
| failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint |
| 4,400 | |
17/12/2021 | Nikolay Sergeyevich POPOV 1978 |
| 03/07/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Tverskoy District Court of Moscow, Moscow City Court | 2 year(s) and 2 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 |
| 2,300 | |
14/12/2021 | Maksim Yuryevich KOLOGREYEV 1986 |
| 07/10/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic | 1 year(s) and 11 month(s) and 10 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 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 |
| 2,000 | |
09/12/2021 | Ramzan Zelimkhanovich ISRAILOV 1997 | Vorotyntsev Dmitriy Sergeyevich Rostov-on-Don | 11/08/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022
| Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Third Appellate Court | 2 year(s) and 1 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 examine the possibility of applying other measures of restraint |
| 2,200 | |
27/12/2021 | Shamil Khavazhiyevich SADULAYEV 1995 | Pestovskaya Yelena Viktorovna Rostov-on-Don | 21/04/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Leninskiy Distrisct Court of Rostov-on-Don, Rostov Regional Court | 1 year(s) and 4 month(s) and 27 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice |
| 1,500 | |
27/12/2021 | Maksim Nikolayevich KHOKHLOV 1982 |
| 16/02/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Verkhneuslonskiy District Court of the Tatarstan Republic, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic | 3 year(s) and 7 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 examine the possibility of applying other measures of restraint; 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed | Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention: excessive length of the judicial review of detention:
Verkhneuslonskiy District Court of the Tatarstan Republic, 03/06/2021, appeal decision by the Supreme Court of the Tatarstan Republic on 02/07/2021;
Verkhneuslonskiy District Court of the Tatarstan Republic, 12/10/2021, appeal decision by the Supreme Court of the Tatarstan Republic on 03/12/2021 | 4,300 |
[1] Plus any tax that may be chargeable to the applicants.
