AUSHAKIMOVA v. RUSSIA

Doc ref: 39783/10 • ECHR ID: 001-169732

Document date: November 17, 2016

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AUSHAKIMOVA v. RUSSIA

Doc ref: 39783/10 • ECHR ID: 001-169732

Document date: November 17, 2016

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 39783/10 Aida Bulatovna AUSHAKIMOVA against Russia (see appended table )

The European Court of Human Rights (Third Section), sitting on 17 November 2016 as a Committee composed of:

Helena Jäderblom , President, Dmitry Dedov , Branko Lubarda , judges,

and Hasan Bakırcı, Deputy Section Registrar,

Having regard to the above application lodged on 1 November 2010 ,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The relevant details of the application are set out in the appended table.

The applicant ’ s complaint under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention was communicated to the Russian Government (“the Government”) .

THE LAW

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the complaint under Article 5 § 3 of the Convention was submitted belatedly.

In particular, the Court notes the Government ’ s argument, which the applicant did not dispute, that her pre-trial detention ended on 26 March 2010 when she was released. The applicant only lodged her application with the Court on 1 November 2010, that is more than six months after her detention came to an end.

It follows that this complaint is inadmissible for non-compliance with the six-month rule set out in Article 35 § 1 of the Convention, and must be rejected pursuant to Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 8 December 2016 .

Hasan Bakırcı Helena Jäderblom Deputy Registrar President

APPENDIX

Application no.

Date of introduction

Applicant name

Date of birth

Period of detention

Length of detention

39783/10

01/11/2010

Aida Bulatovna AUSHAKIMOVA

06/04/1967

17/07/2008 to

26/03/2010

1 year(s) and

8 month(s) and 10 day(s)

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