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CASE OF SOKOLOVA AND OTHERS v. RUSSIA
Doc ref: 25102/07;34919/08;65065/13;45443/15;17102/16;34667/16;1139/17;3442/17 • ECHR ID: 001-177417
Document date: October 12, 2017
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CASE OF SOKOLOVA AND OTHERS v. RUSSIA
Doc ref: 25102/07;34919/08;65065/13;45443/15;17102/16;34667/16;1139/17;3442/17 • ECHR ID: 001-177417
Document date: October 12, 2017
Cited paragraphs only
THIRD SECTION
CASE OF SOKOLOVA AND OTHERS v. RUSSIA
( Applications nos. 25102/07 and 7 others -
see appended list )
JUDGMENT
STRASBOURG
12 October 2017
This judgment is final but it may be subject to editorial revision.
In the case of Sokolova 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 21 September 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 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. In application no. 3442/17 the Government argued that the applicant had failed to comply with the six month time-limit and refer to a decision of 24 March 2016 as the final one in his case. Having examined the case-file the Court notes that the latest domestic decision on the applicant ’ s detention on remand was on 17 June 2016, which is well within the six month time-limit. It follows that the Government ’ s argument should be rejected.
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, 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. REMAINING COMPLAINTS
12. Some 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 Khodorkovskiy v. Russia , no. 5829/04, §§ 203-248, 31 May 2011 .
IV . APPLICATION OF ARTICLE 41 OF THE CONVENTION
13. 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.”
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.
15. 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 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 12 October 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]
25102/07
23/05/2007
Olga Semenovna Sokolova
15/06/1958
Nasonov Sergey Aleksandrovich
Moscow
10/07/2008 to
05/04/2010
1 year(s) and 8 month(s) and 27 day(s)
1,900
34919/08
17/06/2008
Vladimir Konstantinovich Baranov
03/01/1957
Shukhardin Valeriy Vladimirovich
Moscow
27/04/2010 to
25/04/2011
11 month(s) and 30 day(s)
Art. 5 (4) - excessive length of judicial review of detention - Cassation 10/06/2010 - 26 days after extension of pre-trial detention on 7/06/2010
1,000
65065/13
20/09/2013
Andrey Anatolyevich Dmitriyev
19/03/1980
Khrunova Irina Vladimirovna
Kazan
27/11/2012 to
18/07/2013
7 month(s) and 22 day(s)
Art. 5 (4) - excessive length of judicial review of detention - thirty days for examination of the applicant ’ s appeal against the detention order of 6/06/2013
1,300
45443/15
29/12/2016
Dmitriy Aleksandrovich Dezhin
16/10/1982
Golub Olga Viktorovna
Suzemka
30/01/2016 to
30/07/2016
6 month(s) and 1 day(s)
Art. 5 (4) - excessive length of judicial review of detention - the appeals against two decisions (22/01/2016 and 26/04/2016) were examined on 3/08/2016
1,300
17102/16
18/03/2016
Pavel Viktorovich Landysh
27/06/1978
Kozlyuk Vladimir Aleksandrovich
Ivanovo
18/08/2014
pending
More than
3 year(s) and
12 day(s)
3,100
34667/16
10/06/2016
Rafail Alsafa Ogly Khalafov
05/07/1980
Shushpanov Sergey Aleksandrovich
Moscow
06/06/2014
pending
More than
3 year(s) and
2 month(s) and 24 day(s)
3,300
1139/17
22/12/2016
Aleksandr Yuryevich Lazarev
14/02/1967
Lazareva Olga Nikolayevna
Nizhniy Novgorod
26/06/2015 to
05/12/2016
1 year(s) and
5 month(s) and 10 day(s)
1,600
3442/17
15/12/2016
Sergey Vyacheslavovich Shiropatin
16/03/1979
Kopayeva Yuta Yuryevna
Nizhniy Tagil
11/12/2014 to
17/06/2016
1 year(s) and
6 month(s) and 7 day(s)
1,700
[1] . Plus any tax that may be chargeable to the applicants.
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