THIRD SECTION

DECISION

Application no. 32132/19 Dmitriy Gennadyevich SHARKOV against Russia

The European Court of Human Rights (Third Section), sitting on 11 June 2020 as a Committee composed of:

Alena Poláčková , President, Dmitry Dedov , Gilberto Felici , judges,

and Liv Tigerstedt, Acting Deputy Section Registrar ,

Having regard to the above application lodged on 3 June 2019,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table.

The applicant ’ s complaints under Article 5 § 4 of the Convention concerning the deficiencies in proceedings for review of the lawfulness of the applicant ’ s house arrest were communicated to the Russian Government (“the Government”) .

THE LAW

In the present application, having examined all the material before it, the Court reiterates that the applicant ’ s complaint is inadmissible for the following reasons. In particular, the Court observes that the applicant was convicted on 27 December 2017 and sentenced to a prison term; he remained under house arrest until his conviction became final. On 8 October 2018 the court of appeal, examining the applicant ’ s appeal against the conviction, extended the term of his house arrest; the applicant appealed. He, however, argued that the court delayed the service of the decision of 8 October 2018 on him.

The applicant ’ s appeal against the decision of 8 October 2018 was received by the appeal court on 5 December 2018 and was duly examined on 26 December 2018. The Court finds that the delayed service of the court ’ s decision of 8 October 2018 did not prevent that examination. Moreover, since his conviction on 27 December 2017 the applicant had been deprived of liberty in compliance with Article 5 § 1 (a) of the Convention. Thus, he ceased to enjoy the guarantees of speediness of review of his deprivation of liberty after being convicted, as a consequence of the rebuttal of the presumption of innocence and absence of perspective of release ( see Parfenov and Barabash v. Russia ( dec. ) [Committee], nos. 16284/18 and 16288/18, 2 July 2019) .

In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 2 July 2020.

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 5 § 4 of the Convention

( deficiencies in proceedings for review of the lawfulness of detention )

Application no.

Date of introduction

Applicant ’ s name

Year of birth

First-instance court and date of detention order

Appeal instance court and date of decision

Procedural deficiencies

32132/19

03/06/2019

Dmitriy Gennadyevich SHARKOV

30/09/1979

Criminal Chamber of the Rostov Regional Court

08/10/2018

Appeal Chamber of the Rostov Regional Court.

The applicant argues that the appeal decision has never been issued

Lack of review of detention