European Court of Human Rights

 

 

 

THIRD SECTION

 

 

 

 

 

CASE OF KLEPIKOV AND OTHERS v. RUSSIA

 

(Applications nos. 3400/06, 1134/12, 27903/12, 15155/13, 1454/14, 43335/14, 43527/14, 60371/14, 68060/14, 36550/15, 39181/15, 41633/15 and 51162/15)

 

 

 

 

 

 

 

 

JUDGMENT

 

 

STRASBOURG

 

24 November 2016

 

 

 

 

 

 

This judgment is final but it may be subject to editorial revision.

 

 




In the case of Klepikov and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

          Helena Jäderblom, President,
          Dmitry Dedov,
          Branko Lubarda, judges,
and Hasan Bakırcı Deputy Section Registrar,

Having deliberated in private on 3 November 2016,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

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 applications were communicated to the Russian Government (“the Government”).

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. In applications nos. 15155/13 and 41633/15 the applicants also raised other complaints under the provisions of the Convention.

THE LAW

I.  JOINDER OF THE APPLICATIONS

5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

II.  THE GOVERNMENT’S REQUEST TO STRIKE OUT SOME APPLICATIONS UNDER ARTICLE 37 § 1 OF THE CONVENTION

6. The Government submitted unilateral declaration in some applications which did not offer a sufficient basis for finding that respect for human rights as defined in the Convention does not require the Court to continue its examination of the case (Article 37 § 1 in fine). The Court rejects the Government’s request to strike the applications out and will accordingly pursue its examination of the cases (see Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, § 75, ECHR 2003-VI).

III.  ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION

7.  The applicants complained principally that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention, which read as follows:

Article 5 § 3

“3.  Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”

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.

IV.  OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

12.  In application no. 41633/15, the applicant submitted another complaint which also raised issues under the Convention, in accordance with the relevant well-established case-law of the Court (see appended table). This complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor is it inadmissible on any other ground. Accordingly, it must be declared admissible. Having examined all the material before it, the Court concludes that it also discloses violations of the Convention in the light of its findings in Lebedev v Russia, no. 4493/04, 25 October 2007; Khodorkovskiy v. Russia, no. 5829/04, 31 May 2011; Idalov v. Russia [GP], no. 5826/09, 22 May 2012.

V.  REMAINING COMPLAINTS

13.  In application no. 15155/13, the applicant also raised another complaint under Article 5 § 4 of the Convention.

14.  The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, this complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.

VI.  APPLICATION OF ARTICLE 41 OF THE CONVENTION

15.  Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

16.  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.

17.  The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1.  Decides to join the applications;

 

2.  Rejects the Government’s request to strike some applications out of its list of cases;

 

3.  Declares the complaints concerning the excessive length of pre-trial detention and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, and the remainder of application no. 15155/13 inadmissible;

 

4.  Holds that these complaints disclose a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention;

 

5.  Holds that there has been a violation as regards the other complaints raised under well-established case-law of the Court (see appended table);

 

6.  Holds

(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.

 

7.  Dismisses the remainder of the applicants’ claim for just satisfaction.

Done in English, and notified in writing on 24 November 2016, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

        Hasan Bakırcı                                                              Helena Jäderblom
Deputy Registrar                                                                   President

 




APPENDIX

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 name Date of birth	Representative name and location	Period of detention	Length of detention	Other complaints under well-established case-law	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
1.	3400/06 21/11/2005	Oleg Anatolyevich KLEPIKOV 02/12/1966		01/03/2005 to 25/07/2005	4 month(s) and 25 day(s)		1,000
2.	1134/12 21/12/2011	Boris Nikolayevich ZHUKOV 27/10/1961	Mylnikov Yegor Nikolayevich Velikiy Novgorod	25/08/2011 to 25/01/2012	5 month(s) and 1 day(s)		1,000
3.	27903/12 02/04/2012	Yelena Mikhaylovna ZOTOVA 19/11/1956		25/10/2011 to 09/06/2012	7 month(s) and 16 day(s)		1,000
4.	15155/13 05/12/2012	Leonid Dmitriyevich MATSUKOV 21/04/1967	Dobrodeyev Aleksey Vladimirovich St Petersburg	05/09/2013 to 14/01/2014	4 month(s) and 10 day(s)		1,000
5.	1454/14 17/12/2013	Andrey Aleksandrovich KOLESNIKOV 19/06/1985		07/02/2013 to 26/08/2015	2 year(s) and 6 month(s) and 20 day(s)		2,700
6.	43335/14 24/05/2014	Sergey Vasilyevich DANILENKO 28/07/1968	Gak Irina Vladimirovna Rostov-na-Donu	15/11/2012 pending	More than 3 year(s) and 10 month(s) and 19 day(s)		4,100
7.	43527/14 30/04/2014	Spartak Sergeyevich MOSKVITIN 13/07/1991		19/06/2013 to 19/01/2015	1 year(s) and 7 month(s) and 1 day(s)		1,800
8.	60371/14 29/08/2014	Eduard Grigoryevich PALADYAN 10/04/1955	Karpinskiy Roman Sergeyevich Moscow	27/03/2013 pending	More than 3 year(s) and 6 month(s) and 7 day(s)		3,700
9.	68060/14 30/09/2014	Igor Aleksandrovich NAYDENOV 24/06/1982		09/07/2013 pending	More than 3 year(s) and 2 month(s) and 25 day(s)		3,300
10.	36550/15 01/09/2015	Anatoliy Mikhailovich LEVIN 01/06/1977		05/02/2015 to 05/08/2015	6 month(s) and 1 day(s)		1,000
11.	39181/15 04/08/2015	Akif Kerim Ogly SAYADOV 06/06/1951	Kulkov Vadim Aleksandrovich Kirov	27/10/2014 to 27/06/2015	8 month(s) and 1 day(s)		1,000
12.	41633/15 16/07/2015	Andrey Antonovich POPLAVSKIY 20/05/1960	Moskalenko Karinna Akopovna Strasbourg	15/11/2014 pending	More than 1 year(s) and 10 month(s) and 20 day(s)	Art. 5 (4) - excessive length of judicial review of detention	2,700
13.	51162/15 02/10/2015	Stepan Armenakovich ANANIKYAN 10/02/1949	Kanevskiy German Valeryevich Moscow	10/11/2013 to 17/08/2015	1 year(s) and 9 month(s) and 8 day(s)		2,000

 




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[1] Plus any tax that may be chargeable to the applicants.