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CASE OF TSEBOYEV AND OTHERS v. RUSSIA

Doc ref: 32041/17;60787/17;2840/18;2956/18;3704/18;5662/18;21234/18;21283/18 • ECHR ID: 001-194007

Document date: June 27, 2019

Inbound citations: 1
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Cited paragraphs: 0
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Outbound citations: 2

CASE OF TSEBOYEV AND OTHERS v. RUSSIA

Doc ref: 32041/17;60787/17;2840/18;2956/18;3704/18;5662/18;21234/18;21283/18 • ECHR ID: 001-194007

Document date: June 27, 2019

Cited paragraphs only

THIRD SECTION

CASE OF TSEBOYEV AND OTHERS v. RUSSIA

(Application s no s . 32041/17 and 7 others -

see appended list )

JUDGMENT

STRASBOURG

27 June 2019

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

In the case of Tseboyev and Others v. Russia,

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

Alena Poláčková , President, Dmitry Dedov , Gilberto Felici , judges, and Liv Tigerstedt , Acting Deputy Section Registrar ,

Having deliberated in private on 6 June 2019 ,

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. Notice of the application s was given to the Russian Government (“the Government”).

THE FACTS

3. The list of applicant s and the relevant details of the applications are set out in the appended table.

4. The applicant s complained of the excessive length of their pre-trial detention .

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. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION

6. The applicant s complained that their pre-trial detention had been unreasonably long . They relied on Article 5 § 3 of the Convention, which read s 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.”

7. 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, KudÅ‚a 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).

8. 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.

9. 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 applicant s ’ pre-trial detention was excessive.

10. These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention.

III. APPLICATION OF ARTICLE 41 OF THE CONVENTION

11. 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.”

12. 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.

13. 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. Declares the applications admissible;

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

4. Holds

(a) that the respondent State is to pay the applicant s , 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 27 June 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Alena Poláčková Acting 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 ’ s name

Date of birth

Representative ’ s name and location

Period of detention

Court which issued detention order/examined appeal

Length of detention

Specific defects

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [i]

32041/17

06/04/2017

Alan Vladislavovich Tseboyev

26/09/1976

01/03/2012

pending

Supreme Court of the Komi Republic

More than 7 year(s) and 1 month(s) and

4 day(s)

collective detention orders;

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 as the case progressed

9,400

60787/17

18/07/2017

Ruzil Rimovich Davletshin

02/09/1988

15/10/2014 to

08/12/2017

Military Court of the Privolzhye Circuit

3 year(s) and

1 month(s) and

24 day(s)

collective detention orders;

failure to assess the applicant ’ s personal situation reducing the risks of re-offending, colluding or absconding as the case progressed;

failure to conduct the proceedings with due diligence during the period of detention

4,200

2840/18

30/11/2017

Vladimir Aleksandrovich Rashchupkin

06/01/1978

06/12/2012 to

27/12/2017

Korolyev Town Court;

Moscow Regional Court

5 year(s) and

22 day(s)

collective detention orders;

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 as the case progressed

6,600

2956/18

27/11/2017

Leonid Vladimirovich Lobkov

30/03/1961

28/11/2016 to

09/04/2018

Syktyvkar Town Court;

Supreme Court of the Komi Republic

1 year(s) and

4 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 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;

2,000

3704/18

03/01/2018

Yekaterina Vladimirovna Fedorova

11/10/1972

03/08/2016

pending

Oktyabrskiy District Court of Lipetsk;

Lipetsk Regional Court

More than 2 year(s) and 8 month(s) and

2 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 as the case progressed;

failure to conduct the proceedings with due diligence during the period of detention;

3,800

5662/18

03/01/2018

Mikhail Vladimirovich Maslov

16/08/1978

08/07/2015

pending

Oktyabrskiy District Court of Lipetsk;

Lipetsk Regional Court

More than 3 year(s) and 8 month(s) and

28 day(s)

collective detention orders;

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice as the case progressed;

failure to conduct the proceedings with due diligence during the period of detention;

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;

5,100

21234/18

24/04/2018

Vitaliy Aleksandrovich Prishibskiy

21/11/1991

Shukhardin Valeriy Vladimirovich

Moscow

19/11/2017 to

09/07/2018

Sovetskiy District Court of Orsk;

Orenburg Regional Court

7 month(s) and

21 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;

1,300

21283/18

21/04/2018

Magomed Ortsovich Batazhev

22/06/1981

Geroyev Akhmed Daudovich

Moscow

30/03/2016

pending

Tverskoy District Court of Moscow; Presnenskyy District Court of Moscow; Moscow City Court

More than 3 year(s) and 6 day(s)

collective detention orders;

failure to examine the possibility of applying other measures of restraint as the case progressed;

failure to conduct the proceedings with due diligence during the period of detention;

4,000

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

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