THIRD SECTION

CASE OF POPOV AND OTHERS v. RUSSIA

(Applications nos. 56676/19 and 2 others –

see appended list)

JUDGMENT

STRASBOURG

13 October 2022

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

In the case of Popov and Others v. Russia,

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

Darian Pavli, President, Andreas Zünd, Frédéric Krenc, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 15 September 2022,

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 Russian Government (“the Government”) were given notice of the applications.

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

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

6. The applicants complained principally that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention, which reads 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 applicants’ pre-trial detention was excessive.

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

11. In applications nos. 2317/21 and 35420/21 the applicants submitted other complaints which also raised issues under the Convention, given 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, §§ 154-58, 22 May 2012, as regards lengthy review of detention, and Tomov and Others v. Russia , nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, concerning inadequate conditions of transport and lack of an effective remedy in this connection.

12. In application no. 56676/19 the applicant also raised other complaints under various Articles of the Convention.

13. The Court has examined the application 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 application must be rejected in accordance with Article 35 § 4 of the Convention.

14. 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.”

15. 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.

16. The Court further 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,

(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 13 October 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Darian Pavli

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

Year of birth

Period of detention

Court which issued detention order/examined appeal

Length of detention

Specific defects

Other complaints under well-established case-law

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

(in euros) [1]

56676/19

10/10/2019

Georgiy Viktorovich POPOV

1958

14/03/2017 – pending

Syktyvkar Town Court of Komi Republic, Supreme Court of the Komi Republic

More than 5 year(s) and 4 month(s) and 16 day(s)

As the case progressed: 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.

5,500

2317/21

02/12/2020

Sergey Sergeyevich DOROFEYEV

1973

18/12/2019 – pending

Moscow Regional Court; The First Appellate Court of General Jurisdiction

More than 2 year(s) and 7 month(s) and 12 day(s)

Failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts.

Art. 5 (4) - excessive length of judicial review of detention - appeal of 11/06/2020 considered on 15/07/2020, The First Appellate Court of General Jurisdiction, 34 days; appeals of 16/08/2020 and 24/08/2020 considered on 12/10/2020.

The First Appellate Court of General Jurisdiction, 49 days.

3,300

35420/21

11/05/2021

Aleksey Yevgenyevich MAKAROV

1992

06/12/2018 – pending

Sovetskiy District Court of Kazan, Supreme Court of Tatarstan Republic, Fourth Appellate Court

More than 3 year(s) and 7 month(s) and 24 day(s)

Collective detention orders; 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 conduct the proceedings with due diligence during the period of detention.

Art. 3 - inadequate conditions of detention during transport - transport to the Sovetskiy District Court of Kazan on different dates from 20/06/2019 to 17/03/2021 in a van;

0,21 sq. m. per inmate; overcrowding, applicant transported on numerous occasions, lack of fresh air, inadequate temperature;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;

Art. 5 (4) - excessive length of judicial review of detention - Sovetskiy District Court of Kazan, 17/02/2021, Supreme Court of Tatarstan Republic, 16/03/2021; lack of speediness of review of detention ( Idalov v. Russia [GC], no. 5826/03, §§ 154-58, 22 May 2012).

4,900

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