Communicated on 29 September 2020 Published on 19 October 2020

FIRS T SECTION

Application no. 82348/17 D.S . against Armenia lodged on 7 December 2017

SUBJECT MATTER OF THE CASE

The applicant, a Turkmen national who was facing criminal prosecution in his home country, was arrested upon his arrival at the Zvartnots International Airport and on 1 September 2017 his detention pending extradition was ordered by the first-instance court. His appeal against that decision was examined and rejected by the Criminal Court of Appeal on 4 October 2017. On 22 December 2017 the first-instance court extended the applicant ’ s detention. His appeal against that decision was examined and allowed by the Criminal Court of Appeal on 8 February 2018, and the applicant ’ s release was ordered. In the meantime, the applicant instituted asylum proceedings in Armenia and was granted refugee status on 1 July 2019.

The present application concerns the alleged failure of the Criminal Court of Appeal to carry out a speedy review of the lawfulness of the applicant ’ s detention pending extradition. Notably, the Court of Appeal examined his appeals against his detention orders, lodged on 6 September and 27 December 2017, on 4 October 2017 and 8 February 2018 respectively, that is in twenty-eight and forty- two days.

QUESTION TO THE PARTIES

Did the length of the proceedings in the present case, by which the applicant sought to challenge the lawfulness of his detention orders of 1 September and 22 December 2017, comply with the “speed” requirement of Article 5 § 4 of the Convention (see Mamedova v. Russia , no. 7064/05, § 96, 1 June 2006; Lebedev v. Russia , no. 4493/04, §§ 95-97, 25 October 2007; and Abdulkhakov v. Russia , no. 14743/11, §§ 198-200, 2 October 2012)?