Communicated on 1 December 2016

THIRD SECTION

Application no. 6690/11 Svetlana Yuryevna BARINOVA against Russia lodged on 11 January 2011

STATEMENT OF FACTS

The applicant, Ms Svetlana Yuryevna Barinova , is a Ukrainian national who was born in 1982 and lives in the Moscow Region. She is represented before the Court by Mr A. Artamoshkin , a lawyer practising in Moscow.

On 10 December 2010 the applicant was arrested in Moscow on the basis of a search warrant issued by a Ukrainian court on 24 March 2008. On the following day the Yugo- Zapadnyi transport prosecutor remanded her in custody, without setting a time-limit for her detention.

On 18 January 2011 the prosecutor extended the applicant ’ s detention, referring to Article 466 § 2 of the Code of Criminal Procedure.

On 9 February 2011 the Khamovnichesky District Court in Moscow granted a further extension.

On 6 April 2011 the Russian Prosecutor General granted the extradition request. On 17 May 2011 the Moscow City Court upheld his decision in final instance.

COMPLAINTS

The applicant complains under Article 5 § 1 that she was detained without a judicial order. She also complains under Article 5 § 4 that she did not have at her disposal any procedure through which she could initiate judicial review of the lawfulness of her detention.

Questions to the parties

Was the applicant ’ s detention pending extradition compatible with the requirements of Article 5 of the Convention (see Shchebet v. Russia , no. 16074/07, §§ 57-79, 12 June 2008, and Dzhurayev v. Russia , no. 38124/07 , §§ 55-77, 17 December 2009 )? In particular, what was the legal basis for the detention in the absence of a decision from a Russian court? Did she have at her disposal a procedure for judicial review of the lawfulness of her detention?