Communicated on 26 March 2020 Published on 18 May 2020

THIRD SECTION

Application no. 80697/12 Platon Leonidovich LEBEDEV against Russia lodged on 12 December 2012

SUBJECT MATTER OF THE CASE

The application concerns the refusal of compensation for two periods of pre-trial detention which the domestic courts found to have been unlawful. The claim for compensation in respect of non-pecuniary damage was dismissed on the grounds that the applicant was unable to produce a criminal conviction of the judge who had issued the unlawful detention orders (final decisions: Moscow City Court, 22 July and 24 August 2012).

QUESTION TO THE PARTIES

Did the applicant have an enforceable right to compensation under Article 5 § 5 of the Convention in respect of two periods of pre-trial detention which the domestic courts pronounced to have been unlawful (see Stadnik v. Russia , no. 41509/06, § 21, 13 June 2017, and Abashev v. Russia , no. 9096/09, §§ 40-42, 27 June 2013)?