Communicated on 11 March 2015

FIRST SECTION

Application no. 72827/12 Aleksey Dmitriyevich KHOMCHENKOV against Russia lodged on 17 October 2012

STATEMENT OF FACTS

1 . The applicant, Mr Aleksey Dmitriyevich Khomchenkov , is a Russian national, who was born in 1971 and lives in Moscow.

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

3 . In 2009 the applicant was criminally charged as an accomplice to the fraudulent bankruptcy under Article 196 of the Russian Criminal Code of 1996.

4 . On 27 May 2009 a forensic psychiatric examination report was prepared in the applicant ’ s respect by a panel of psychiatrists. They diagnosed him with pseudopsychopathic schizophrenia aggravated by alcohol dependency syndrome, concluded that he presented a danger to society and recommended involuntary treatment in a specialised psychiatric facility.

5 . On 28 July 2010 the Izmaylovskiy District Court of Moscow relying on the forensic examination report mentioned above relieved the applicant of the criminal liability for his actions and ordered his involuntary treatment.

6 . On 4 March 2011 the period of the applicant ’ s involuntary treatment was prolonged by six months by the Chekhovskiy Town Court of the Moscow Region.

7 . On 28 February 2012 the period of the applicant ’ s involuntary treatment was repeatedly prolonged by the Chekhovskiy Town Court of the Moscow Region for the period “prescribed by law”.

8 . The applicant ’ s counsel appealed against the order alleging inter alia that any prolongation of the involuntary treatment was unlawful, since the previously sanctioned period had expired on 4 September 2011 and the applicant must have been released.

9 . The applicant requested the domestic courts to be present during the appeal hearing to exercise his right to be heard. However, his motion was denied on 5 April 2012 by the Moscow Regional Court, which stated that ( 1) the statement of appeal was detailed and sufficiently clear; ( 2) the applicant did not advance any specific reason, which required his personal presence; 3) he could appoint a counsel to deliver his arguments.

10 . On 17 April 2012 the applicant ’ s appeal was dismissed by the Moscow Regional Court without giving any specific answer to the applicant ’ s argument about the expiry of the lawful period of detention on 4 September 2011.

11 . On 20 August 2012 the Izmaylovskiy District Court of Moscow terminated the applicant ’ s involuntary treatment due to improvement in his mental state and absence of any further danger to the society.

COMPLAINTS

12 . The applicant complains under Article 5 §§ 1 and 4 that between 4 September 2011 and 28 February 2012 he was detained without any judicial order and that the domestic courts unlawfully restricted his right to be heard during the hearing in the Moscow Regional Court on 17 April 2012.

QUESTIONS TO THE PARTIES

1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, did the deprivation of liberty during the period between 28 July 2010 and 20 August 2012 fall within paragraphs (a) and/or (e) of this provision?

2. What was the domestic lawful basis for the applicant ’ s detention between 4 September 2011 and 28 February 2012?

3. Having regard to the applicant ’ s request to be present during the hearing in the Moscow Regional Court on 17 April 2012, was his right to be heard ensured by the domestic court?