THIRD SECTION

CASE OF POLTORATSKIY AND OTHERS v. RUSSIA

( Application nos. 4622/09 and 9 others –

see appended list )

JUDGMENT

STRASBOURG

30 November 2017

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

In the case of Poltoratskiy and Others v. Russia ,

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

Luis López Guerra, President, Dmitry Dedov, Jolien Schukking, judges, and Liv Tigerstedt, Acting Deputy Section Registrar ,

Having deliberated in private on 9 November 2017 ,

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

6. The applicants complained principally 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 will firstly address the objections raised by the Government in respect of application no. 55219/12. In particular, the Government argued that the applicant could no longer claim to be a victim of a violation of his rights guaranteed by Article 5 § 3 of the Convention in view of the fact that he had been afforded compensation for his unlawful detention by a Russian court. In this respect the Court notes that the domestic courts which examined the applicant ’ s claim had explicitly refused to acknowledge the violation of his rights under Article 5 § 3 of the Convention. The Court further reiterates that it has already examined a similar issue in other cases against Russia, having noted, in particular, that the state of Russian law precludes any legal possibility for the applicant to receive compensation for the detention which was effected in breach of Article 5 § 3 of the Convention (see Govorush ko v. Russia , no. 42940/06, § 60, 25 October 2007, and Korshunov v. Russia , no. 38971/06, § 62, 25 October 2007). The Court does not consider that it can reach a different conclusion in the present case and dismisses the Government ’ s objection as to the victim status of the applicant in application no. 55219/12.

8. The Court further 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).

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.

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

12. In applications nos. 4622/09, 9361/10, 55219/12, 328/17 and 23928/17 the applicants submitted other complaints which also raised issues under the Convention, in accordance with 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, §§ 154-158, 22 May 2013), regarding the lack of speediness and procedural safeguards in the review of detention matters; Govorushko (cited above, §§ 69-61) and Korshunov (cited above, §§ 60-63), concerning 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 ; Khudoyorov v. Russia (no. 6847/02, §§ 146-151, ECHR 2005-X (extracts)), pertaining to the absence a valid domestic decision or other “lawful” basis for detention on remand; and Tsarenko v. Russia (no. 5235/09 , §§ 58-63, 3 March 2011), regarding detention in excess of the maximum time-limit established by the Russian law.

IV . REMAINING COMPLAINTS

13. In applications nos. 4622/09, 328/17, and 3132/17, the applicants also raised other complaints under various Articles of the Convention.

14. The Court has examined the applications listed in the appended table 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, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do 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 applications must be rejected in accordance with Article 35 § 4 of the Convention.

V . 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. 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 the applications nos. 4622/09, 328/17, and 3132/17 inadmissible;

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

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

5. 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 30 November 2017 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Luis López Guerra

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 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]

4622/09

23/11/2008

Vladislav Mikhaylovich Poltoratskiy

21/10/1968

01/02/2008 to

10/12/2010

2 year(s) and 10 month(s) and

10 day(s)

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – the applicant ’ s detention from 12/07/2009 to 6/08/2009 is not covered by a judicial order (see Khudoyorov v. Russia , no. 6847/02, §§ 146-151, ECHR 2005-X (extracts))

4,000

9361/10

28/01/2010

Saveliy Mendelevich Burshteyn

10/05/1957

Stavitskaya Anna Edvardovna

Moscow

20/01/2008 to

31/05/2010

2 year(s) and 4 month(s) and

12 day(s)

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – After 20/07/2009 the applicant ’ s detention exceeded the statutory 18-month time-limit provided for by the Code of Criminal Procedure (see Tsarenko v. Russia , no. 5235/09, 3/03/2011),

Art. 5 (4) - excessive length of judicial review of detention –

1) Detention order of 13/07/2009 by the Moscow City Court, appeal filed on 7/05/2009, appeal decision delivered on 9/09/2009.

2) Decision of the Zamoskvoretskiy District Court of Moscow of 18/09/2009 containing, inter alia , detention order, appeal filed within 10 days, appeal decision delivered on 11/11/2009.

3) Detention order of 26/11/2009 by the Zamoskvoretskiy District Court of Moscow, appeal received by domestic authorities in early December, appeal decision delivered on 18/01/2010.

3,300

55219/12

06/08/2012

Vadim Valeryevich Palkin

29/04/1979

28/11/2010 to

19/06/2013

2 year(s) and 6 month(s) and

23 day(s)

Art. 5 (5) - lack of, or inadequate, compensation for unlawful arrest or detention - domestic court pointed out that claims about breaches of the Convention are out of national courts ’ jurisdiction and explicitly refused to award compensation for the unreasonably lengthy detention

3,500

328/17

15/12/2016

Kirill Yevgenyevich Skachkov

22/10/1988

Konin Nikolay Nikolayevich

St Petersburg

13/04/2016

pending

More than

1 year(s) and 5 month(s) and

24 day(s)

Art. 5 (4) - excessive length of judicial review of detention - the appellate hearing with regard to the detention order of 26/05/2016 was held on 18/08/2016.

1,600

2803/17

27/12/2016

Konstantin Grigoryevich Pilipiliadi

02/09/1958

30/10/2015

pending

More than

1 year(s) and 11 month(s) and 7 day(s)

2,000

3031/17

17/12/2016

Vladimir Gaffanovich Shamsedtinov

12/06/1978

Geraskin Eduard Olegovich

Moscow

05/08/2015

pending

More than

2 year(s) and 2 month(s) and 2 day(s)

2,300

3132/17

07/11/2016

Maksim Yevgenyevich Ionov

17/11/1982

15/01/2014

pending

More than

3 year(s) and 8 month(s) and 22 day(s)

3,900

17911/17

20/02/2017

Aleksandr Viktorovich Voronov

04/01/1982

19/06/2015 to

28/06/2017

2 year(s) and 10 day(s)

2,100

22861/17

15/03/2017

Roman Aleksandrovich Cherkasov

28/08/1975

03/08/2015 to

18/08/2017

2 year(s) and 16 day(s)

2,100

23928/17

02/03/2017

Aleksey Anatolyevich Timofeyev

17/12/1983

19/01/2014 to

06/10/2016

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

18 day(s)

Art. 5 (4) - excessive length of judicial review of detention - Detention order of 5/07/2016 - appeal decision on 8/09/2016.

3,800

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