Communicated on 1 December 2016

THIRD SECTION

Application no. 41333/14 Ivan Viktorovich MAKARSKIY against Russia lodged on 23 February 2015

STATEMENT OF FACTS

The applicant, Mr Ivan Viktorovich Makarskiy , is a Russian national who was born in 1989 and lives in the Leningrad Region.

On 27 December 2010 the applicant was arrested on drug-related charges and placed in custody.

On 14 December 2012 the case was submitted for trial to the Voronezh Regional Court.

On 11 July 2013 the court returned the case to the deputy Prosecutor General for remedying certain procedural defects.

On 20 September 2013 the Investigations Department of the Federal Drug Control Service received the case file and forwarded it to its regional branch in St Petersburg.

On 30 September 2013 the applicant was granted access to the case file in accordance with Article 217 of the Code of Criminal Procedure.

On 1 November 2013 an investigator asked the St Petersburg City Court to extend the applicant ’ s detention for a further four months, until 31 March 2014. On 8 November 2013 the City Court granted the application, citing generic reasons for his continued detention.

The applicant filed an appeal. He pointed out that the maximum statutory time-limit for his detention had been exceeded a long time ago and that further extensions had become unlawful.

On 27 November 2013 the St Petersburg City Court rejected his appeal in a summary fashion, without examining his arguments in any detail.

On 22 December 2014 a judge of the City Court refused him leave to appeal to the cassation instance.

COMPLAINTS

The applicant complains under Article 5 § 1 that the length of his detention has exceeded the maximum statutory period.

Question to the parties

Was the applicant ’ s detention in excess of the maximum statutory domestic time-limit compatible with the requirements of Article 5 § 1 (see Tsarenko v. Russia , no. 5235/09 , §§ 60-61, 3 March 2011)?