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OSECHKIN v. RUSSIA

Doc ref: 14813/10 • ECHR ID: 001-201300

Document date: January 24, 2020

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OSECHKIN v. RUSSIA

Doc ref: 14813/10 • ECHR ID: 001-201300

Document date: January 24, 2020

Cited paragraphs only

Communicated on 24 January 2020 Published on 10 February 2020

THIRD SECTION

Application no. 14813/10 Vladimir Valeryevich OSECHKIN against Russia lodged on 8 February 2010

SUBJECT MATTER OF THE CASE

The application concerns conditions of and relevant and sufficient reasons for the applicant’s detention from 21 May 2007 to 6 June 2010 .

QUESTIONS TO THE PARTIES

1. Did the material conditions of the applicant ’ s detention, in particular the personal space available in the cell, the time allowed outside the cell and the sanitary conditions , amount to inhuman or degrading treatment?

2. Was the length of the applicant’s detention on remand in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention?

3. Having regard to the reasons expressly relied on by the domestic courts in the detention orders, were the applicant’s detention on remand justified by “relevant and sufficient reasons”, as required by Article 5 § 3 of the Convention?

4. Did the national courts provide relevant and sufficient reasons as required by Article 5 § 3 of the Convention for their refusal to release the applicant as a person accused of an offence allegedly committed in the sphere of business activities under Article 108 § 1.1 of the Code of Criminal Procedure of the Russian Federation since that provision’s entry into force on 9 April 2010 (see Rubtsov and Balayan v. Russia , nos. 33707/14 and 3762/15 , § § 31-36, 10 April 2018 )?

5. Did the authorities display “special diligence” in the conduct of the proceedings against the applicant, as required by Article 5 § 3 of the Convention?

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