Communicated on 10 January 2020

Published on 27 January 2020

THIRD SECTION

Application no. 40408/18 Sergey Nikolayevich GORYUNKOV against Russia lodged on 7 August 2018

STATEMENT OF FACTS

The applicant, Mr Sergey Nikolayevich Goryunkov , is a Russian national, who was born in 1972 and lives in St Petersburg.

The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 5 October 2017 the investigative committee asked the police to run an inquiry on the applicant in connection with Ye. ’ s disappearance. It was suspected that Ye., who was a minor at the time, had lived for some time in the applicant ’ s flat. The police sent a summons to the applicant ’ s address asking him to appear for questioning. The applicant did not comply.

On 20 October 2017 police officers A. and S. met the applicant at his place of work. The police officers asked the applicant to show his ID. The applicant refused to comply and tried to flee. The police arrested the applicant, took him to the police station and instituted administrative proceedings against him on the charge of refusal to comply with a lawful police order.

On 22 October 2017 the applicant was released.

On 4 December 2017 the Frunzenskiy District Court of St Petersburg found the applicant guilty as charged and ordered him to pay a monetary fine in the amount of 700 Russian roubles (RUB) [1] . The court questioned the police officers who had arrested the applicant and one of the eye-witnesses to the applicant ’ s altercation with the police, and examined the video recording of the incident. The applicant appealed.

On 8 February 2018 the St Petersburg City Court upheld the judgment of 4 December 2017 on appeal.

COMPLAINT

The applicant complains under Article 5 of the Convention that his detention in the police custody was unlawful.

QUESTION TO THE PARTIES

Was the applicant ’ s detention “lawful” and “in accordance with a procedure prescribed by law” as required by Article 5 § 1 of the Convention (see Lashmankin and Others v. Russia , nos. 57818/09 and 14 others, §§ 489-90, 7 February 2017 ) ?

[1] . Approximately EUR 10.