Published on 27 March 2023

THIRD SECTION

Application no. 20331/21 David Aleksandrovich ARUTYUNYAN against Russia and 6 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 10 March 2022, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.

In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.

In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).

For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website .

SUBJECT MATTER

The applications concern complaints raised under Article 5 § 3 of the Convention relating to excessive length of pre-trial detention which are the subject of well-established case law of the Court (see Dirdizov v. Russia, no. 41461/10, 27 November 2012).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 5 § 3 of the Convention (excessive length of pre-trial detention)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Period of detention

Court which issued detention order/examined appeal

Length of detention

Specific defects

Other complaints under well-established case ‑ law

20331/21

25/03/2021

David Aleksandrovich ARUTYUNYAN

1984Aleksandr Vasilyevich Savin

Stavropol

11/08/2020 to 14/05/2021

Sovetskiy District Court of Vladikavkaz

Supreme Court of Severnaya Ossetia Republic

9 months and 4 days

fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint

20425/21*

25/03/2021

Vitaliy Olegovich BOYCHENKO

1993

11/12/2019 to 19/03/2021

Sovetskiy District Court of Kazan

Supreme Court of Tatarstan Republic

1 year and 3 months and 9 days

fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint

Art. 3 - inadequate conditions of detention during transport in a van between 26/12/2019 -05/10/2021 and on 08/10/2021 and 15/10/2021:

transport from SIZO-1 Tatarstan Republic to the Sovetskiy District Court of Kazan; applicant transported on numerous occasions; inadequate temperature; 0.2 sq. m per person; overcrowding; each transfer lasted 5 to 6 hours; no or restricted access to toilet; lack of fresh air; passive smoking; constant video surveillance in a van; lack of or insufficient natural light; lack of or insufficient electric light; lack of or insufficient quantity of food; inadequate temperature; 4 inmates in a compartment with a designed capacity for 2 persons; 3.5 hours’ trip.

26035/21

22/04/2021

Sergey Vladimirovich YERMOLENKO

1972Maksim Andreyevich Nikonov

Vladimir

16/07/2020 pending

Oktyabrskiy District Court of Vladimir

Frunzenskiy District Court of Vladimir

Vladimir Regional Court

More than 1 year and 6 months and 12 days

fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint

Art. 5 (4) - excessive length of judicial review of detention - Oktyabrskiy District Court of Vladimir, 22/12/2020 (appellate complaint reached the court on 25/12/2020) - Vladimir Regional Court,

18/01/2021 (24 days)

Oktyabrskiy District Court of Vladimir, 22/03/2021 (appellate complaint reached the court on 26/03/2021) - Vladimir Regional Court, 19/04/2021 (24 days)

26067/21

20/04/2021

Linur Shamilevich MURTAZIN

1978

12/12/2017 to 17/03/2021

Vakhitovskiy District Court of Kazan

Supreme Court of the Republic of Tatarstan

3 years and 3 months and 6 days

fragility of the reasons employed by the courts; collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice

Art. 3 - inadequate conditions of detention during transport - poor conditions of detention during transport in a van on multiple occasions since 17/01/2018, 0.33 sq.m. of personal space, overcrowding, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

26784/21*

02/05/2021

Albert Aydarovich SABIROV

1990

21/04/2018 pending

Privolzhskiy District Court of Kazan

Supreme Court of the Republic of Tatarstan

Fourth Appeal Court

More than 3 years and 9 months and 7 days

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility of the reasons employed by the courts, as the case progressed; failure to conduct the proceedings with due diligence during the period of detention

Art. 5 (4) - excessive length of judicial review of detention - decisions by the Supreme Court of the Tatarstan Republic of 17/02/2021 and 30/04/2021 reviewed by the Fourth Appellate Court of General Jurisdiction on, respectively, 12/03/2021 and 03/06/2021

38254/21*

12/07/2021

Ivan Viktorovich TIMOFEYEV

1981

21/04/2020 to 17/06/2021

Oktyabrskiy District Court of Barnaul of Altai Region

Altai Regional Court

Fifth Appeal Court

1 year and 1 month and 28 days

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint

44148/21*

10/08/2021

Gennadiy Grigoryevich KIRILOV

1969

25/10/2017 pending

Vakhitovskiy District Court of Kazan

Supreme Court of Tatarstan Republic

Fourth Appellate Court

More than 4 years and 3 months and 3 days

fragility of the reasons employed by the courts;

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;

failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding;

failure to conduct the proceedings with due diligence during the period of detention;

failure to examine the possibility of applying other measures of restraint

Art. 13 - lack of an effective remedy against refusals of short-term family visits

Art. 8 (1) - restrictions on family visits in pre-trial facilities - refusal of short-term family visits in SIZO-2 Republic of Tatarstan, wife, daughter