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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> LOBKOVSKIY AND OTHERS v. RUSSIA - 41907/20 (Article 5 - Right to liberty and security : Fifth Section Committee) [2024] ECHR 284 (04 April 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/284.html
Cite as: [2024] ECHR 284
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FIFTH SECTION
CASE OF LOBKOVSKIY AND OTHERS v. RUSSIA
(Applications nos. 41907/20 and 60 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 Lobkovskiy 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
- 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.
- JURISDICTION
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).
- 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.
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, Idalov v. Russia [GC], no. 5826/03, 22 May 2012; 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.
- OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
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; Yaroslav Belousov v. Russia, nos. 2653/13 and 60980/14, §§ 123-28, 4 October 2016, where extreme overcrowding inside the glass cabin led the Court to the conclusion of a violation of Article 3 of the Convention; Andrey Smirnov v. Russia, no. 43149/10, §§ 35-57, 13 February 2018, as regards restrictions on family visits in pre-trial detention facilities; Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, as regards conditions of transport of detainees and lack of an effective domestic remedy in that respect; Chaldayev v. Russia, no. 33172/16, §§ 69-83, 28 May 2019, related to discriminatory treatment concerning family visits in pre-trial detention facilities; and Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect.
13. In view of the above findings, the Court considers that there is no need to deal separately with the complaints 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 and additional complaints lodged by some applicants under Article 5 § 4 of the Convention (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
- APPLICATION OF ARTICLE 41 OF THE CONVENTION
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,
- Decides to join the applications;
- Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
- Declares the applications admissible;
- Holds that these complaints disclose a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention;
- Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table);
- Holds that it is not necessary to examine separately the complaint raised under Article 13 of the Convention about the lack of domestic remedies relating to the use of metal cages and other security arrangements in the courtrooms and additional complaints raised by some of the applicants under Article 5 § 4 of the Convention;
- 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.
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] | |
11/01/2021 | Aleksandr Sergeyevich LOBKOVSKIY 1981 |
| 16/04/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Sovetskiy District Court of Krasnoyarsk, Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court | 2 year(s) and 5 month(s) and 1 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 |
| 2,600 | |
16/02/2021 | Dmitriy Mukhammadzhonovich KHAYDAROV 1976 |
| 19/06/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Kirovskiy District Court of Novosibirsk; Novosibirsk Regional Court | 2 year(s) and 2 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; failure to examine the possibility of applying other measures of restraint |
| 2,300 | |
10/12/2020 | Maksim Valeryevich CHUGUNOV 1982 | Muravyev Oleg Sergeyevich Moscow | 25/09/2019 - 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, First Appellate Court | 2 year(s) and 11 month(s) and 23 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 | Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention | 3,000 | |
07/12/2020 | Ziyafat Guseyn ogly PIRIYEV 1970 |
| 18/07/2017 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Kalininskiy District Court of St Petersburg, Moscovskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court | 5 year(s) and 1 month(s) and 30 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 examine the possibility of applying other measures of restraint | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in an overcrowded glass cabin in St Petersburg City Court (16/07/2018 - ongoing possibly as of 16/09/2022) with other co-defendants; with a very limited private space; lack of fresh air | 9,750 | |
30/12/2020 | Vladislav Andreyevich KISELEV 1995 | Sukhareva Tatyana Viktorovna Moscow | 03/07/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Sovetskiy District Court of Nizhniy Novgorod, Nizhniy Novgorod Regional Court | 3 year(s) and 2 month(s) and 14 day(s)
| 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed |
| 3,300 | |
30/12/2020 | Igor Vasilyevich AROKIN 1972 | Kim Vyacheslav Spartakovich Abakan | 29/12/2016 to 28/09/2020 | Abakan Town Court, Supreme Court of Republic of Khakasiya | 3 year(s) and 9 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; collective detention orders; 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; failure to examine the possibility of applying other measures of restraint | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Confinement in a metal cage during first-instance hearings. Numerous placements in a metal cage, the most recent being on 28/09/2020 | 9,750 | |
29/12/2020 | Anton Sergeyevich BATAYEV 1983 | Savin Vyacheslav Vasilyevich Stavropol | 18/06/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Leninskiy Distrcit Court of Stavropol; Stavropol Regional Court | 2 year(s) and 2 month(s) and 30 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice |
| 2,300 | |
21/12/2020 | Sergey Aleksandrovich PROKHOROV 1987 | Molokhov Aleksandr Vladimorovich Moscow | 22/07/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Babushkinskiy District Court of Moscow, Moscow City Court | 2 year(s) and 1 month(s) and 26 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 |
| 2,200 | |
29/12/2020 | Sayd-Emin Khabilovich IBISHEV 1977 | Ustyuzhaninov Dmitriy Aleksandrovich St Petersburg | 18/07/2017 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Sestroretskiy District Court of St Petersburg, Kalininskiy District Court of St Petersburg, Moskovkiy District Court of St Petersburg, St Petersburg City Court | 5 year(s) and 1 month(s) and 30 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 conduct the proceedings with due diligence during the period of detention | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Complaint about placement of the applicant in a glass cabin on numerous occasions during the proceedings in St Petersburg City Court concerning his detention orders (the period from 13/07/2018 - ongoing possibly as of 16/09/2022). The applicant alleges that one of his co-accused sick with COVID-19 was kept in the same glass cabin with the applicant and other co-accused | 9,750 | |
05/05/2021 | Mikhail Yuryevich BASHAGUROV 1971 |
| 09/11/2016 to 17/12/2018
23/05/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Sovetskiy District Court of Tomsk, Tomsk Regional Court | 2 year(s) and 1 month(s) and 9 day(s)
3 year(s) and 3 month(s) and 25 day(s)
| failure to examine the possibility of applying other measures of restraint; 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 |
| 5,000 | |
29/01/2021 | Vladimir Fedorovich KUPAVSKIY 1966 |
| 10/12/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Perm Garrison Military Court; Central Circuit Military Court | 1 year(s) and 9 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 |
| 2,000 | |
29/12/2020 | Nver Arutyunovich OGANISYAN 1964 | Ustyuzhaninov Dmitriy Aleksandrovich St Petersburg | 05/04/2018 to 27/08/2020 | Moskovskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court | 2 year(s) and 4 month(s) and 23 day(s)
| collective detention orders; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Complaint about placement of the applicant in a glass cabin on numerous occasions during the proceedings in St Petersburg City Court concerning his detention orders (the period from 03/04/2019 till 27/08/2020). The applicant alleges that one of his co-accused sick with COVID-19 was kept in the same glass cabin with the applicant and other co-accused. | 9,750 | |
29/12/2020 | Murat Vakhayevich EZHAYEV 1986 | Ustyuzhaninov Dmitriy Aleksandrovich St Petersburg | 05/04/2018 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Moskovskiy Disrtict Court of St Petersburg, St Petersburg City Court, Second Appellate Court | 4 year(s) and 5 month(s) and 12 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 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. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a glass cabin on numerous occasions during the proceedings in St Petersburg City Court (the period from 03/04/2019 - ongoing possibly as of 16/09/2022). The applicant alleges that one of the co-accused sick with COVID-19 was kept in the same glass cabin with the applicant and other co-accused | 9,750 | |
25/01/2021 | Aglyam Kiyamovich SADRETDINOV 1951 | Khaliullin Robert Nurgaleyevich Kazan | 16/07/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Sovetskiy District Court of Kazan, Supreme Court of the Tatarstan Republic | 2 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 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 - during the proceedings related to the preventive measure before the Sovetskiy District Court of Kazan from 17/07/2020 - ongoing possibly as of 16/09/2022 | 9,750 | |
31/01/2021 | Zhanna Nikolayevna IDILOVA 1979 | Sukhareva Tatyana Viktorovna Moscow | 30/08/2018 to 02/08/2021 | Babushkinskiy District Court of Moscow, Odintsovskiy Town Court of the Moscow Region, Moscow City Court | 2 year(s) and 11 month(s) and 4 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; fragility of the reasons employed by the courts |
| 3,000 | |
03/02/2021 | Andrey Aleksandovich GANYUSHIN 1979 |
| 04/05/2017 to 15/10/2020
09/04/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Volgograd Regional Court, Moscow City Court, First Appeal Court | 3 year(s) and 5 month(s) and 12 day(s) 1 year(s) and 5 month(s) and 8 day(s)
| failure to conduct the proceedings with due diligence during the period of detention; collective detention orders; 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 of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint |
| 5,000 | |
18/02/2021 | Nikita Valeryevich LUKYANOV 1985 | Pchelintseva Marina Vladimirovna Moscow | 27/03/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Preobrazhenskiy District Court of Moscow, Izmaylovskiy District Court of Moscow, Moscow City Court | 3 year(s) and 5 month(s) and 21 day(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 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 |
| 3,600 | |
10/02/2021 | Andrey Mikhaylovich DAVYDENKO 1982 |
| 18/05/2017 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Tverskoy District Court of Moscow, Perovskiy District Court of Moscow, Moscow City Court | 5 year(s) and 3 month(s) and 30 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; collective detention orders |
| 5,000 | |
26/02/2021 | Vitaliy Vasilyevich PONOMAREV 1959 | Zimin Aleksandr Vladimirovich St Petersburg | 11/08/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Oktyabrskiy District Court of St Petersburg, St Petersburg City Court | 2 year(s) and 1 month(s) and 6 day(s)
| failure to examine the possibility of applying other measures of restraint; 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 |
| 2,200 | |
26/02/2021 | Yerlan Yuryevich USAYEV 1996 | Abdullayev Damir Rafaelevich Astrakhan | 30/08/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Trusovskiy District Court of Astrakhan, Leninskiy District Court of Astrakhan, Astrakhan Regional Court | 3 year(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; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention |
| 3,100 | |
16/02/2021 | Aziyat Mikhaylovich ORUSTUK 1985 |
| 14/04/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Emelyanovskiy District Court of Krasnoyarsk Region, Krasnoyarsk Regional Court | 2 year(s) and 5 month(s) and 3 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 |
| 2,600 | |
17/02/2021 | Aleksandr Nikolayevich VISHNYAKOV 1988 | Dunin Andrey Aleksandrovich Kozmodemyansk | 11/11/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Gornomariyskiy District Court of Mariy El Republic; Supreme Court of Mariy El Republic | 1 year(s) and 10 month(s) and 6 day(s)
| 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 |
| 2,100 | |
16/03/2021 | Ilya Vladimirovich KUFMAN 1969 | Kozinets Dmitriy Aleksandrovich Moscow | 02/09/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Zamoskvoretskiy District Court of Moscow; Moscow City Court | 2 year(s) and 15 day(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 |
| 2,100 | |
05/03/2021 | Sergey Aleksandrovich BELOUSOV 1987 | Artemova Tatyana Anatolyevna Moscow | 17/04/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Moscow Garrison Military Court, Second Western Circuit Military Court, Appeal Military Court | 3 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; failure to examine the possibility of applying other measures of restraint | Art. 5 (4) - excessive length of judicial review of detention - detention order of the Second Western Circuit Military Court, on 01/10/2020, appeal decision by the Appeal Military Court, on 29/10/2020 | 4,000 | |
19/03/2021 | Akif Choban ogly BADALOV 1964 | Yampolskaya Oksana Yuryevna Moscow | 07/05/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Moskovskiy District Court of Cheboksary of the Chuvash Republic; Leninskiy District Court of Cheboksary; Shcherbinskiy District Court of Moscow; Moscow City Court | 3 year(s) and 4 month(s) and 10 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 examine the possibility of applying other measures of restraint |
| 3,500 | |
18/03/2021 | Dmitriy Viktorovich YAKUSHEV 1980 |
| 19/04/2017 to 27/07/2021 | Leninskiy District Court of Krasnoyarsk; Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic | 4 year(s) and 3 month(s) and 9 day(s)
| collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; 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 |
| 4,400 | |
12/03/2021 | Anton Ivanovich STARK 1987 | Varlakova Anna Vladimirovna Yekaterinburg | 01/12/2018 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Verkh-Isetskiy District Court of Yekaterinburg, Tverskoy Districty Court of Moscow, Moscow City Court, Sverdlovsk Regional Court, First Appellate Court | 3 year(s) and 9 month(s) and 16 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 conduct the proceedings with due diligence during the period of detention
|
| 4,000 | |
31/03/2021 | Dilfuza Mamasharifovna CHUTBAYEVA 1971 | Khlystov Dmitriy Mikhaylovich Moscow | 02/06/2020 - 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 3 month(s) and 15 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 |
| 2,400 | |
22/03/2021 | Aleksey Alekseyevich KHODYREV 1987 | Ilyin Oleg Valentinovich Moscow | 26/02/2020 - 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 6 month(s) and 22 day(s)
| 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 |
| 2,700 | |
14/04/2021 | Sergey Aleksandrovich NEVSKIY 1966 | Nasonov Sergey Aleksandrovich Moscow | 17/11/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Dorogomilovskiy District Court of Moscow, Moscow City Court | 1 year(s) and 10 month(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; 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 |
| 2,000 | |
29/03/2021 | Ivan Valeryevich LYSOV 1991 | Li Natalya Petrovna St Petersburg | 22/08/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Kalininskiy District Court of St Petersburg, Kuybyshevskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court | 3 year(s) and 26 day(s)
|
| Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention | 3,100 | |
29/03/2021 | Kirill Mikhaylovich LYNNIK 1994 |
| 14/02/2018 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022
| Sovetskiy Distrcit Court of Krasnoyarsk, Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court | 4 year(s) and 7 month(s) and 3 day(s)
| fragility of the reasons employed by the courts; collective detention orders; failure to examine the possibility of applying other measures of restraint |
| 4,800 | |
24/02/2021 | Rustam Mukharamovich NAFIKOV 1994 |
| 19/04/2017 to 27/07/2021 | Sverdlovskiy District Court of Krasnoyarsk; Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic | 4 year(s) and 3 month(s) and 9 day(s)
| collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; 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 |
| 4,400 | |
24/02/2021 | Nikolay Vladimirovich ISTOMIN 1994 |
| 16/04/2017 to 27/07/2021 | Vakhitovskiy District Court of Kazan; Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic | 4 year(s) and 3 month(s) and 12 day(s)
| collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; 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 |
| 4,400 | |
08/03/2021 | Ilshat Ildarovich ORLOV 1988 |
| 18/02/2020 - 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 | 2 year(s) and 6 month(s) and 30 day(s)
| 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 |
| 2,700 | |
30/04/2021 | Sergey Petrovich KALININ 1963 | Knyazkin Sergey Aleksandrovich Moscow | 03/11/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Moscow City Court, First Appellate Court | 1 year(s) and 10 month(s) and 14 day(s)
| fragility of the reasons employed by the courts; failure to conduct the proceedings with due diligence during the period of detention; 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 |
| 2,100 | |
21/04/2021 | Pavel Nikolayevich PUSHKANOV 1985 |
| 20/04/2017 to 27/07/2021 | Leninsky District Court of Krasnoyarsk, Novo-Savinovsky Distirct Court of Kazan, Supreme Court of Tatarstan Republic | 4 year(s) and 3 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; collective detention orders |
| 4,400 | |
02/05/2021 | Anatoliy Alekseyevich STEPANOV 1989 |
| 20/12/2017 - 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 | 4 year(s) and 8 month(s) and 28 day(s)
| failure to examine the possibility of applying other measures of restraint; 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 |
| 4,900 | |
06/05/2021 | Denis Aleksandrovich MARTYNIN 1994 |
| 21/09/2018 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Sovetskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court | 3 year(s) and 11 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 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 |
| 4,000 | |
14/05/2021 | Aleksandr Mikhaylovich AKHMEDOV 1981 |
| 13/10/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Naberezhnyye Chelny Town Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic | 2 year(s) and 11 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 |
| 3,000 | |
15/05/2021 | Rishat Eduardovich NIGMATZYANOV 1996 |
| 30/09/2018 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Almetyevsk Town Court of Tatarstan Republic, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court | 3 year(s) and 11 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; 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 - order - Supreme Court of Tatarstan Republic, 30/04/2021, appeal lodged on 04/05/2021; appeal decision by the Fourth Appellate Court, on 26/05/2021 | 4,500 | |
28/05/2021 | Guzer Valeryevich KHASHUKAYEV 1980 | Speranskiy Artur Olegovich Moscow | 30/01/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court | 3 year(s) and 7 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; 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 |
| 3,800 | |
03/06/2021 | Lenar Gumarovich RAKHMATULLIN 1986 |
| 23/05/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Zelenodolsk Town Court of the Tatarstan Republic, Pestrechinskiy District Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic, Fourth Appellate Court | 3 year(s) and 3 month(s) and 25 day(s)
| 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 of the reasons employed by the courts; collective detention orders | Art. 5 (4) - excessive length of judicial review of detention:
Supreme Court of the Tatarstan Republic, 15/12/2020, Fourth Appellate Court, 21/01/2021;
Supreme Court of the Tatarstan Republic, 18/01/2021, Fourth Appellate Court, 18/02/2021 | 3,900 | |
30/06/2021 | Anton Arkadyevich MOZGOVOY 1988 |
| 07/07/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Leninsky District Court of Krasnoyarsk, Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court | 2 year(s) and 2 month(s) and 10 day(s)
| 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. 3 - use of metal cages and/or other security arrangements in courtrooms - the applicant was kept in a cage on several occasions during the proceedings in the Zheleznodorozhnyy District Court of Krasnoyarsk, from 01/09/2020 to 28/04/2021 | 9,750 | |
07/06/2021 | Aleksey Aleksandrovich SAZONOV 1982 |
| 21/02/2017 to 27/07/2021 | Novo-Savinovskiy District Court of Kazan, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic | 4 year(s) and 5 month(s) and 7 day(s)
| collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; 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
|
| 4,600 | |
13/07/2021 | Igor Razmikovich MNATSAKANOV 1977 | Savin Aleksandr Vasilyevich Stavropol | 12/02/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Leninskiy District Court of Stavropol, Stavropol Regional Court, the Third Appellate Court | 1 year(s) and 4 month(s) and 5 day(s)
| 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:
Stavropol Regional Court, 07/04/2022, appeal lodged on 09/04/2022, Third Appellate Court, 19/05/2022 | 2,000 | |
29/07/2021 | Vitaliy Vilayatovich MUSAYEV 1989 | Anokhin Aleksandr Anatolyevich Astrakhan | 02/07/2020 to 07/10/2021 | Nevskiy District Court of St Petersburg, St Petersburg City Court, Second Western Circuit Military Court, Appellate Military Court | 1 year(s) and 3 month(s) and 6 day(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 | Art. 5 (4) - excessive length of judicial review of detention - Second Western Circuit Military Court, 17/08/2021, Appellate Military Court, 01/11/2021 | 1,800 | |
30/07/2021 | Anatoliy Nikolayevich RYKOV 1979 | Strelkova Yuliya Vladimirovna Moscow | 17/10/2018 - 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, First Appellate Court of General Jurisdiction, Supreme Court of the RF, Khamovnicheskiy District Court of Moscow | 3 year(s) and 11 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; failure to examine the possibility of applying other measures of restraint | Art. 5 (4) - excessive length of judicial review of detention:
Supreme Court of Russia, 29/12/2020, Supreme Court of Russia sitting as an appellate court, 18/02/2021;
Khamovnicheskiy District Court of Moscow, 31/03/2021, Moscow City Court, 11/05/2021,
Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - SIZO-5 Moscow; refusals on the ground to preserve the confidentiality of investigation; no communication with relatives | 5,300 | |
01/12/2021 | Aleksandr Vladimirovich BELOV 1982 | Ovchynnykov Oleksandr Strasbourg | 26/08/2019 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Sovetskiy District Court of Krasnoyarsk, Centralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Appeal Court | 3 year(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 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:
Sovetskiy District Court of Krasnoyarsk, 09/03/2021, Krasnoyarsk Regional Court, 09/06/2021;
Sovetskiy District Court of Krasnoyarsk, 20/05/2021, Krasnoyarsk Regional Court, 07/09/2021;
Sovetskiy District Court of Krasnoyarsk, 08/09/2021, Krasnoyarsk Regional Court, 19/10/2021;
Sovetskiy District Court of Krasnoyarsk, 01/12/2021, Krasnoyarsk Regional Court, 08/02/2022,
Art. 8 (1) - restrictions on family visits in pre-trial facilities - SIZO-1 Krasnoyarsk, 26/08/2019 - pending: physical separation and supervision during short-term family visits with the applicant's wife, refusals of long-term family visits,
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 | 4,600 | |
23/08/2021 | Yevgeniy Aleksandrovich GURTYAKOV 1984 | Golubenko Andrey Yevgenyevich Nea Skiony | 22/03/2018 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Kirovskiy District Court of Tomsk, Oktyabrskiy District Court of Tomsk, Tomsk Regional Court | 4 year(s) and 5 month(s) and 26 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; 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 - Kirovskiy District Court of Tomsk, Oktyabrskiy District Court of Tomsk, Tomsk Regional Court, 22/03/2018 - ongoing possibly as of 16/09/2022,
Art. 3 - inadequate conditions of detention during transport - van; 0.2-0.3 sq. m per inmate; 22/03/2018-23/07/2021; overcrowding, applicant transported on numerous occasions, inadequate temperature, no or restricted access to toilet, no or restricted access to potable water,
Art. 5 (4) - excessive length of judicial review of detention
Oktyabrskiy District Court of Tomsk, 04/02/2021, Tomsk Regional Court, 19/04/2021;
Oktyabrskiy District Court, 30/04/2021, Tomsk Regional Court, 07/06/2021,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Tomsk Region, 20/09/2018-23/07/2021, opposite-sex operators, video surveillance in a lavatory and/or shower room,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and permanent video surveillance of detainees in pre-trial detention facilities | 9,750 | |
23/08/2021 | Yelena Vladimirovna TROFIMOVA 1995 |
| 27/04/2018 to 13/10/2021 | Vahitovskiy District Court of Kazan, Supreme Court of Tatarstan Republic, the Fourth Appellate Court of General Jurisdiction | 3 year(s) and 5 month(s) and 17 day(s)
| fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint | Art. 5 (4) - excessive length of judicial review of detention - Detention order by the Supreme Court of the Tatarstan Republic on 28/04/2021, appeal decision by the Fourth Appellate Court on 11/06/2021 | 4,100 | |
19/10/2021 | Aleksandr Sergeyevich FEDERYAKOV 1984 | Borkov Aleksandr Aleksandrovich Moscow | 31/03/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Presnenskiy District Court of Moscow, Moscow City Court | 1 year(s) and 5 month(s) and 17 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 |
| 1,600 | |
24/10/2021 | Pavel Sergeyevich YASTREBOV 1979 |
| 17/06/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Nevskiy District Court of St Petersburg, St Petersburg City Court, Second Appellate Court | 2 year(s) and 3 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; 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:
Detention order of the St Petersburg City Court on 15/06/2021, appeal of 16/06/2021, appeal decision by the Second Appellate Court on 08/07/2021;
Detention order by the St Petersburg City Court on 25/08/2021, appeal of 26/08/2021, appeal decision by the Second Appellate Court on 23/09/2021 | 2,800 | |
14/01/2022 | Vladimir Gennadyevich KUZNETSOV 1982 |
| 09/09/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Kirovskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court | 1 year(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 examine the possibility of applying other measures of restraint | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kirovskiy District Court of Krasnoyarsk, 09/09/2021 - ongoing possibly as of 16/09/2022 | 9,750 | |
26/10/2021 | Aleksey Viktorovich VLASENKO 1965 | Shurpik Igor Stanislavovich Moscow | 16/03/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Basmannyy District Court of Moscow, Meshchanskiy District Court of Moscow, Moscow City Court | 1 year(s) and 6 month(s) and 1 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 examine the possibility of applying other measures of restraint; fragility of the reasons employed by the courts |
| 1,700 | |
16/12/2021 | Nikolay Aleksandrovich SHUKHOV 1976 | Yashchenko Taras Valeryevich Moscow | 10/07/2020 - 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, First Appellate Court | 2 year(s) and 2 month(s) and 7 day(s)
| failure to examine the possibility of applying other measures of restraint; 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 | Art. 5 (4) - excessive length of judicial review of detention - Basmannyy District Court of Moscow on 07/06/2021, appeal lodged on 09/06/2021, appeal decision by the Moscow City Court on 01/09/2021,
Art. 8 (1) - restrictions on family visits in pre-trial facilities - Refusal on 25/03/2022 of long-term family visits (Resin v. Russia (no. 9348/14, §§ 39 41, 18 December 2018) | 4,550 | |
09/01/2022 | Ketevan Guramovna KHARAIDZE 1958 | Yashchenko Valentina Viktorovna Krasnogorsk | 19/06/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Khamovnicheskiy District Court of Moscow, Tverskoy District Court of Moscow, Moscow City Court | 1 year(s) and 2 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; failure to examine the possibility of applying other measures of restraint | Art. 5 (4) - excessive length of judicial review of detention:
Detention order by the Khamovnicheskiy District Court of Moscow on 11/08/2021, appeal decision by the Moscow City Court on 13/09/2021;
Detention order of the Khamovnicheskiy District Court of Moscow on 13/09/2021, appeal decision by the Moscow City Court on 13/10/2021;
Detention order by the Tverskoy District Court of Moscow on 11/11/2021, appeal decision by the Moscow City Court on 28/02/2022,
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention | 1,700 | |
18/12/2021 | Yuriy Mikhaylovich KHOVANSKIY 1990 | Peredruk Aleksandr Dmitriyevich St Petersburg | 08/06/2021 to 29/12/2021 | Dzerzhinskiy District Court of St Petersburg, Kuybyshevskiy District Court of St Petersburg, St Petersburg City Court | 6 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; failure to conduct the proceedings with due diligence during the period of detention | Art. 5 (4) - excessive length of judicial review of detention:
Dzerzhinskiy District Court of St Petersburg, 10/06/2021, appeal lodged on 22/06/2021, appeal decision by the St Petersburg City Court on 14/07/2021;
Kuybyshevskiy District Court of St Petersburg on 06/08/2021, appeal lodged on 09/08/2021, appeal decision by the St Petersburg City Court on 08/09/2021;
Kuybyshevskiy District Court, 07/09/2021, appeal lodged on 08/09/2021, appeal decision by the St Petersburg City Court on 13/10/2021;
Kuybyshevskiy District Court, 06/10/2021, appeal lodged on 11/10/2021, appeal decision by the St Petersburg City Court on 10/11/2021;
Kuybyshevskiy District Court, 03/11/2021, appeal lodged on 09/11/2021, appeal decision by the St Petersburg City Court on 22/12/2021 | 1,300 | |
27/12/2021 | Yevgeniy Sergeyevich KOZACHENKO 1979 |
| 10/06/2020 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Primorskiy District Court of St Petersburg; Kuybyshevskiy District Court of St Petersburg; St Petersburg City Court; Second Appellate Court | 2 year(s) and 3 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; failure to examine the possibility of applying other measures of restraint | Art. 5 (4) - excessive length of judicial review of detention - St Petersburg City Court, 11/10/2021, appeal lodged on 14/10/2021, appeal decision by the Second Appellate Court on 17/11/2021 | 2,900 | |
20/12/2021 | Sergey Valeryevich AGAPOV 1983 |
| 16/02/2021 - Pending on the date when the application was lodged with the Court, and possibly as of 16/09/2022 | Kuibyshevsky District Court St Petersburg, St Petersburg City Court | 1 year(s) and 7 month(s) and 1 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 | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Detention in a metal cage during the court hearings since 16/02/2021 - ongoing possibly as of 16/09/2022,
Art. 5 (4) - excessive length of judicial review of detention:
Kuybyshevskiy District Court of St Petersburg, 14/04/2021, appeal decision by the St Petersburg City Court, on 21/07/2021,
Kuybyshevskiy District Court, 15/07/2021, appeal decision by the St Petersburg City Court on 06/10/2021 | 9,750 | |
27/01/2022 | Sergey Yevgenyevich MESHALKIN 1989 |
| 30/05/2019 - 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, 1-st Court of Appeal, Kuntsevskiy District Court of Moscow | 3 year(s) and 3 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 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 - The applicant's placement in a metal cage during the hearings in the Kuntsevskiy District Court of Moscow on 20/10/2021, 17/05/2022, 30/05/2022, 15/07/2022 and in the Moscow City Court on 10/08/2021 and 14/12/2021,
Art. 5 (4) - excessive length of judicial review of detention:
Kuntsevskiy District Court of Moscow, 15/06/2021, appeal decision by the Moscow City Court on 10/08/2021,
Kuntsevskiy District Court, 20/10/2021, appeal decision by the Moscow City Court on 14/12/2021,
Kuntsevskiy District Court, 21/03/2022, appeal decision by the Moscow City Court on 17/05/2022,
Kuntsevskiy District Court, 30/05/2022, appeal decision by the Moscow City Court on 15/07/2022 | 9,750 |
[1] Plus any tax that may be chargeable to the applicants.