THIRD SECTION

DECISION

Application no. 12345/18 Makich Viktorovich ARUTYUNYAN against Russia and 5 other applications

(see appended table)

The European Court of Human Rights (Third Section), sitting on 10 March 2022 as a Committee composed of:

Peeter Roosma, President, Andreas Zünd, Mikhail Lobov, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applicants’ complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Russian Government (“the Government”). Some applicants also raised other complaints under the Convention (see appended table).

By letters, dated as indicated in the appended table, sent by registered post, the applicants were requested to provide information concerning further developments in their respective cases. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. However, no replies from the applicants were received to the Registry’s letters.

THE LAW

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

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.

Accordingly, the cases should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Done in English and notified in writing on 28 July 2022.

Viktoriya Maradudina Peeter Roosma 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

Representative’s name and location

Other complaints under well-established case-law

Date of the Court’s letter sent by registered post

Date of receipt of the Court’s letter by the applicants

12345/18

16/02/2018

Makich Viktorovich ARUTYUNYAN

1957

04/06/2021

According to the postal tracking information after an attempted delivery on 17/06/2021 the letter was returned to the Court as undelivered.

21048/19

03/04/2019

Aleksandr Yakovlevich KABANOV

1967Kozaredova Vera Germanovna

Volgograd

04/06/2021

According to the postal tracking information after an attempted delivery on 17/06/2021 the letter was returned to the Court as undelivered.

32463/19

05/06/2019

Sergey Vladimirovich FIRSOV

1985

16/06/2021

According to the postal tracking information after an attempted delivery on 01/07/2021 the letter was returned to the Court as undelivered.

11724/20

05/02/2020

Ayvaz Magomedovich ABDURAKHMANOV

1964Art. 13 - lack of any effective remedy in domestic law - in respect of the applicant’s placement into a metal cage

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the applicant during many hearings before various courts dealing with the issues of pre-trial detention and before the trial court in a metal cage

16/06/2021

The registered mail form returned to the Court on 31/08/2021 signed by the applicant’s contact person on 09/07/2021.

17361/20

13/10/2020

Aleksandr Nikolayevich POSTRIGAN

1949Moskalenko Karinna Akopovna

Strasbourg

Art. 5 (4) - excessive length of judicial review of detention - Appeal proceedings lasting more than 22 days after lodging an appeal against a detention order

Decision of extension issued by Moscow City Court on 23/12/2019, the appeal judgment issued by the Moscow City Court on 20/02/2020.

Decision of extension issued by the Klin Town Court on 18/03/2020, the appeal judgment issued by the Moscow Regional Court on 02/07/2020.

16/06/2021

The registered mail form returned to the Court on 02/08/2021 signed by the applicant’s representative on 15/06/2021.

19134/20

04/04/2020

Aleksandr Nikolayevich BAGANETS

1985Gilmanov Mansur Idrisovich

Podolsk

16/06/2021

The registered letter which was sent to applicant’s representative returned to the Court as unclaimed on 01/07/2021.