VASYANOVICH v. RUSSIA and 62 other applications
Doc ref: 56332/18, 49602/20, 14721/21, 15053/21, 26508/21, 27052/21, 32022/21, 35859/21, 37556/21, 37651/21, ... • ECHR ID: 001-224956
Document date: May 4, 2023
- Inbound citations: 9
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- Cited paragraphs: 0
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- Outbound citations: 0
Published on 30 May 2023
FOURTH SECTION
Application no. 56332/18 Aleksey Igorevich VASYANOVICH against Russia and 62 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 4 May 2023, 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
56332/18*
14/11/2018
Aleksey Igorevich VASYANOVICH
1987Ivan Nikolayevich Nazarov
Rostov-on-Don
22/08/2017 to
22/02/2019
Tverskoy District Court of Moscow, Moscow City Court
1 year(s) and 6 month(s) and 1 day(s)
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 - train, van, from 27/05/2019 to 29/05/2019, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to toilet, passive smoking, lack of or insufficient natural light, overcrowding, lack of fresh air,
Art. 5 (4) - excessive length of judicial review of detention - detention order delivered by the Tverskoy District Court of Moscow on 04/05/2018 was examined on appeal on 04/06/2018 by Moscow City Court;
detention order delivered by the Moscow City Court on 16/08/2018 was examined on appeal on 20/09/2018 by Appeal Chamber of the Moscow City Court
49602/20*
06/10/2020
Denis Aleksandrovich SERDYUKOV
1982
03/08/2016
and ongoing on the date when the application was lodged with the Court
Sovetskiy District Court of Kazan, Naberezhnyye Chelny City Court, Supreme Court of the Republic of Tatarstan
More than 6 year(s)
fragility of the reasons employed by the courts;
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 - use of metal cages and/or other security arrangements in courtrooms - Naberezhnyye Chelny Town Court between 26/12/2018 and 14/07/2020,
Art. 3 - inadequate conditions of detention during transport - van, 05/08/2016 to 09/12/2018, 0.25 sq. m. per inmate, overcrowding, lack of fresh air, inadequate temperature; van, 09/12/2018 to 01/03/2021, 0.25 sq. m. per inmate, overcrowding, lack of fresh air, inadequate temperature,
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport
14721/21*
15/03/2021
Ilya Semenovich MARTYSHKIN
1967
14/08/2018
and ongoing on the date when the application was lodged with the Court
Samarskiy District Court, Avtozavodskiy District Court of Tolyatti, Samara Regional Court
More than 4 year(s)
fragility of the reasons employed by the courts;
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;
failure to conduct the proceedings with due diligence during the period of detention
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Samarskiy District Court, Avtozavodskiy District Court of Tolyatti, Samara Regional Court, since 16/08/2018,
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
15053/21
25/02/2021
Valentin Valentinovich GORSHKOV
1974Irina Borisovna Shumakova
Moscow
22/07/2020
and ongoing on the date when the application was lodged with the Court
Nagatinskiy District Court of Moscow, Moscow City Court
More than 2 year(s)
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
26508/21*
19/05/2021
Sumbat Amayakovich ABASOV
1966Mikhail Aleksandrovich Bazhinov
Belgorod
27/06/2020
and ongoing on the date when the application was lodged with the Court
Sverdlovskiy District Court of Belgorod, Belgorod Regional Court
More than 2 year(s)
fragility of the reasons employed by the courts;
failure to examine the possibility of applying other measures of restraint;
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
27052/21*
13/09/2021
Vladimir Aleksandrovich MOISEYENKO
1988
04/05/2019
and ongoing on the date when the application was lodged with the Court
Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Region Court
More than 3 year(s)
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
32022/21
01/08/2021
Darya Olegovna GRINKOVA
1998
22/05/2017
and ongoing on the date when the application was lodged with the Court
Tsentralnyy District Court of Chelyabinsk, Chelyabinsk Regional Court
More than 5 year(s)
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;
collective detention orders
35859/21
01/12/2021
Mikhail Vladimirovich MATVEYEV
1995
07/01/2017 to
04/06/2018;
29/11/2018 to
22/03/2022
Nizhneingashskiy District Court of the Krasnoyarsk Region, Krasnoyarsk Regional Court, Fifth Appellate Court
In total – more than 4 years
fragility of the reasons employed by the courts;
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;
collective detention orders
37556/21*
08/07/2021
Andrey Yevgenyevich ZARUBIN
1988
17/03/2020
and ongoing on the date when the application was lodged with the Court
Zheleznodorozhnyy District Court of Chita, Tsentralnyy District Court of Chita, Zabaykalsk Regional Court
More than 3 year(s)
collective detention orders;
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
37651/21
05/07/2021
Anna Valeryevna KHMELEVA
1985
11/08/2019
and ongoing on the date when the application was lodged with the Court
Surgut Town Court, Tsentralnyy District Court of Chelyabinsk, Chelyabinsk Regional Court, Kurchatovskiy District Court of Chelyabinsk
More than 3 year(s)
collective detention orders;
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
37764/21*
07/07/2021
Dmitriy Yuryevich MAKSIMOV
1985Yevgeniya Mikhaylovna Zyuzina
Voronezh
10/09/2018 to
27/04/2021
Ramonskiy District Court of Voronezh, Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh, Voronezh Regional Court
2 year(s) and 7 month(s) and 18 day(s)
collective detention orders;
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. 3 - use of metal cages and/or other security arrangements in courtrooms - Kominternovskiy District Court of Voronezh, Ramonskiy District Court of Voronezh, Leninskiy District Court of Voronezh, between 14/09/2018 and 27/04/2021;
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
38187/21*
02/07/2021
Eres Demir-oolovich BALDANAY
1980
27/02/2018 to
09/06/2021
Kirovskiy District Court of Krasnoyarsk, Tsentralnyy District Court of Krasnoyarsk, Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
3 year(s) and 3 month(s) and 14 day(s)
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 conduct the proceedings with due diligence during the period of detention
Art. 5 (4) - excessive length of judicial review of detention – detention order of the Sovetskiy District Court of Krasnoyarsk of 19/01/2021, examined on appeal by the Krasnoyarsk Regional Court on 16/02/2021, 28 days;
Detention order by the Sovetskiy District Court of Krasnoyarsk, of 13/04/2021, examined on appeal by the Krasnoyarsk Regional Court on 20/05/2021, 1 month and 6 days
38839/21*
12/07/2021
Roman Igorevich ZAVARZIN
1982
05/05/2019
and ongoing on the date when the application was lodged with the Court
Zelenodolskiy District Court of the Tatarstan Republic, Pestrechinskiy District Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic, Fourth Appellate Court
More than 3 year(s)
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 – the detention order by the
Supreme Court of the Tatarstan Republic of, 14/01/2021, was examined on appeal by the Fourth Appellate Court on 18/02/2021, 1 month and 5 days;
The detention order by the Pestrechinskiy District Court of the Tatarstan Republic of 10/02/2021, was examined on appeal by the Supreme Court of the Tatarstan Republic on 24/03/2021, 1 month and 11 days
39870/21
21/06/2021
Marat Aramaisovich MUSTAFIN
1987
27/06/2019
and ongoing on the date when the application was lodged with the Court
Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court
More than 3 year(s)
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;
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
Art. 5 (4) - excessive length of judicial review of detention - Supreme Court of the Tatarstan Republic, 25/03/2021, appeal by the Fourth Appellate Court on 21/04/2021, 27 days
40302/21
27/07/2021
Aleksandr Vladimirovich NAGORNYY
1975Viktoriya Nikolayevna Stukova
Voronezh
05/09/2016
and ongoing on the date when the application was lodged with the Court
Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh, Voronezh Regional Court
More than 6 year(s)
fragility of the reasons employed by the courts;
failure to examine the possibility of applying other measures of restraint;
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;
collective detention orders;
failure to conduct the proceedings with due diligence during the period of detention
40316/21
26/07/2021
Pavel Mikhaylovich YEFREMOV
1980
11/12/2017
and ongoing on the date when the application was lodged with the Court
Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan
More than 5 year(s) and 3 month(s) and 6 day(s)
fragility of the reasons employed by the courts;
collective detention orders;
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
41258/21
21/07/2021
Oleg Vyacheslavovich ZHDANOV
1971Yevgeniy Fedorovich Pyatitskiy
Rostov-on-Don
01/10/2020
and ongoing on the date when the application was lodged with the Court
Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Fourth Cassation Court
More than 2 year(s)
fragility of the reasons employed by the courts;
failure to examine the possibility of applying other measures of restraint
42714/21
02/08/2021
Vitaliy Sergeyevich MUKHIN
1989Andrey Aleksandrovich Dunin
Kozmodemyansk
30/04/2021
and ongoing on the date when the application was lodged with the Court
Presnenskiy District Court of Moscow, Moscow City Court
More than 1 year
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;
failure to assess the applicant’s personal situation reducing the risks of re ‑ offending, colluding or absconding
42731/21*
23/08/2021
Konstantin Viktorovich MARCHENKO
1968Aleksandr Aleksandrovich Bochkarev
Moscow
26/03/2019
and ongoing on the date when the application was lodged with the Court
Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court
More than 3 year(s)
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;
failure to conduct the proceedings with due diligence during the period of detention
43499/21*
07/08/2021
Yevgeniy Valeryevich DANILIN
1986
02/10/2020
and ongoing on the date when the application was lodged with the Court
Sovetskiy District Court of Kazan, Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan
More than 2 year(s)
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 conduct the proceedings with due diligence during the period of detention
Art. 5 (4) - excessive length of judicial review of detention – detention order of the Vakhitovskiy District Court of Kazan of 26/01/2021,
Upheld on appeal by the Supreme Court of the Republic of Tatarstan on 19/02/2021, 24 days; detention order of the Vakhitovskiy District Court of Kazan of 30/03/2021, upheld on appeal by the Supreme Court of the Republic of Tatarstan on 21/05/2021, 1 month and 21 days
44359/21*
17/08/2021
Maksim Aleksandrovich SERDYUCHENKO
1989Aleksandr Vladimirovich Kiryanov
Taganrog
28/01/2019 to
08/11/2021
Leninskiy District Court of Rostov-on-Don, Rostov Regional Court
2 year(s) and 9 month(s) and 12 day(s)
fragility of the reasons employed by the courts;
collective detention orders;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
Art. 5 (4) - excessive length of judicial review of detention – detention order by the Leninskiy District Court of Rostov-on-Don of 24/05/2021, upheld on appeal by the Rostov Regional Court, on 21/06/2021, 28 days
45363/21
30/08/2021
Sergey Yegorovich MARAKOV
1949Andrey Vasilyevich Sabinin
Stavropol
21/12/2020 to
11/10/2021
Leninskiy District Court of Grozny, Supreme Court of the Chechen Republic
9 month(s) and 21 day(s)
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
45471/21
25/08/2021
Vladimir Yevgenyevich PISARENKO
1978Nadezhda Sergeyevna Androsova
Lipetsk
15/10/2018
and ongoing on the date when the application was lodged with the Court
Basmannyy Disctrict Court of Moscow, Moscow City Court, Sovetskiy District Court of Lipetsk, Lipetsk Regional Court
More than 4 year(s)
fragility of the reasons employed by the courts;
collective detention orders;
failure to conduct the proceedings with due diligence during the period of detention;
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
45967/21*
26/08/2021
Mikhail Anatolyevich VASILYEV
1968Sergey Nikolayevich Klyubin
Velikiy Novgorod
27/11/2019
and ongoing on the date when the application was lodged with the Court
Novgorod District Court of the Novgorod Region; Novgorod Regional Court
More than 3 year(s) and 3 month(s) and 18 day(s)
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
Art. 5 (5) - lack of, or inadequate, compensation for a violation of Art. 5 (3) of the Convention
46624/21*
03/09/2021
Magomet Abubakarovich AMKHADOV
1972Dzhalil Saydagamatovich Yalmambetov
Stavropol
28/10/2020
and ongoing on the date when the application was lodged with the Court
Taganskiy District Court of Moscow, Moscow City Court
More than 2 year(s)
fragility of the reasons employed by the courts;
failure to examine the possibility of applying other measures of restraint;
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
46716/21
06/09/2021
Timur Anatolyevich ISKHAKOV
1969
07/02/2019
and ongoing on the date when the application was lodged with the Court
Tverskoy District Court of Moscow, Moscow City Court, First Appellate Court
More than 3 year(s)
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;
failure to conduct the proceedings with due diligence during the period of detention
47220/21*
01/12/2021
Aleksey Vasilyevich SHEVCHUK
1974
27/08/2019 to
09/03/2022
Sovetskiy District Court of Krasnoyarsk, Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
2 year(s) and 6 month(s) and 11 day(s)
failure to conduct the proceedings with due diligence during the period of detention;
failure to examine the possibility of applying other measures of restraint;
fragility of the reasons employed by the courts;
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding;
collective detention orders
Art. 5 (4) - excessive length of judicial review of detention -
Detention order of the Sovetskiy District Court of Krasnoyarsk on 09/03/2021, appeal lodged on 15/03/2021,
Appeal decision of the Krasnoyarsk Regional Court, 09/06/2021 (2 months and 25 days);
Detention order of the Sovetskiy District Court of Krasnoyarsk on 20/05/2021, appeal lodged on 21/05/2021,
Appeal decision of the Krasnoyarsk Regional Court on 07/09/2021 (3 months and 18 days);
Detention order of the Sovetskiy District Court of Krasnoyarsk 08/09/2021, appeal lodged on 13/09/2021,
Appeal decision by the Krasnoyarsk Regional Court, 19/10/2021 (1 month and 6 days)
47514/21
07/09/2021
Ruslan Rustemovich KHABEYEV
1997
21/07/2020
and ongoing on the date when the application was lodged with the Court
Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic
More than 2 year(s)
collective detention orders;
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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
47713/21
11/09/2021
Nikita Yevgenyevich MALYSHEV
1997
20/04/2017
and ongoing on the date when the application was lodged with the Court
Leninskiy District Court of Krasnoyarsk, Vakhitovskiy District Court of Kazan, Novo-Savinovskiy District Court of Kazan, Supreme Court of Tatarstan Republic
More than 5 year(s)
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;
collective detention orders
48020/21
09/09/2021
Georgiy Sergeyevich SHKURKO
1962Natalya Aleksandrovna Nechiporenko
Moscow
10/09/2019
and ongoing on the date when the application was lodged with the Court
Moscow Harrison Military Court, Appellate Military Court, Second Western Circuit Military Court
More than 3 year(s)
failure to examine the possibility of applying other measures of restraint;
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;
fragility of the reasons employed by the courts
48990/21
16/09/2021
Yanis Maksimovich BIRCHAK
1990
31/03/2020
and ongoing on the date when the application was lodged with the Court
Supreme Court of the Republic of Tatarstan
More than 2 year(s)
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;
collective detention orders;
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
49118/21
23/09/2021
Leonid Iosifovich FILIPPOV
1960Leonid Leonidovich Krikun
St Petersburg
16/03/2021
and ongoing on the date when the application was lodged with the Court
Vsevolozhsk Town Court of the Leningrad Region, Leningrad Regional Court
More than 1 year
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 - use of metal cages and/or other security arrangements in courtrooms - Vsevolozhsk Town Court on 15/06/2021, Leningrad Regional Court on 08/07/2021 and 30/07/2021 (videoconference),
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention – detention order of the Vsevolozhsk Town Court on 13/05/2021, appeal lodged on 15/05/2021, appeal decision by the Leningrad Regional Court on 08/07/2021 (1 month and 23 days); detention order by the Vsevolozhsk Town Court on 15/06/2021, appeal lodged on 21/06/2021, appeal decision by the Leningrad Regional Court, 30/07/2021 (1 month and 8 days)
49775/21
04/08/2021
Ilfat Ilgizarovich KHAYRUTDINOV
1988
13/06/2019
and ongoing on the date when the application was lodged with the Court
Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan, the Fourth Appeal Court of General Jurisdiction
More than 3 year(s)
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. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention – detention order by the Supreme Court of the Tatarstan Republic on 12/05/2021, appeal decision of the Fourth Appellate Court on 10/06/2021 (29 days)
50952/21*
28/09/2021
Yevgeniy Gennadyevich KORMUSHKIN
1986Dmitriy Andreyevich Myltsyn
Moscow
17/02/2021 to
13/08/2021
Perovskiy District Court of Moscow, Moscow City Court
5 month(s) and 28 day(s)
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. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention -
51361/21*
28/09/2021
Konstantin Vladimirovich YEGOROV
1980Aleksandr Dmitriyevich Peredruk
St Petersburg
02/04/2021 to
23/11/2021
Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
7 month(s) and 22 day(s)
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;
fragility of the reasons employed by the courts
Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placed in a metal cage during the proceedings concerning the prolongation of his pre-trial detention on 27/05/2021 and 28/07/2021 in the Tsentralnyy District Court of Krasnoyarsk,
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
52599/21
11/10/2021
Anton Olegovich KAPILEVICH
1985Irina Aleksandrovna Suslova
Vyborg
04/06/2020
and ongoing on the date when the application was lodged with the Court
Vyborg Town Court of the Leningrad Region, Leningrad Regional Court
More than 2 year(s)
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. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during hearings in the Vyborg Town Court of the Leningrad Region and, via video link, in Leningrad Regional Court since 05/06/2020 and and ongoing on the date when the application was lodged with the Court
53505/21
21/10/2021
Vladimir Petrovich MAKAROV
1960Inessa Vadimovna Svechnikova
Moscow
08/09/2020
and ongoing on the date when the application was lodged with the Court
Basmannyy District Court of Moscow, Moscow City Court
More than 2 year(s)
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;
collective detention orders
53517/21
05/10/2021
Yuriy Pavlovich ZHDANOV
1954Fedor Yevgenyevich Sirosh
Moscow
26/03/2021 to
19/12/2021
Lomonosovskiy District Court of Arkhangelsk, Arkhangelsk Regional Court
8 month(s) and 24 day(s)
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
53800/21
19/10/2021
Denis Olegovich PAVLOV
1991Yuriy Aleksandrovich Shovdin
Kosmodemyanskiy
29/08/2017 to
16/11/2021
Zuzinskiy District Court of Moscow, Izmaylovskiy District Court of Moscow, Moscow City Court
4 year(s) and 2 month(s) and 19 day(s)
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;
failure to conduct the proceedings with due diligence during the period of detention
Art. 5 (4) - excessive length of judicial review of detention – detention order by the Izmaylovskiy District Court of Moscow on 24/02/2021, appeal lodged on 26/02/2021, appeal decision by the Moscow City Court on 25/05/2021, 2 months and 27 days
54081/21*
14/10/2021
Sergey Pavlovich YURIN
1978Aleksey Nikolayevich Laptev
Moscow
11/02/2021
and ongoing on the date when the application was lodged with the Court
Khamovnicheskiy District Court of Moscow, Moscow City Court
More than 1 year
collective detention orders;
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;
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
Art. 5 (4) - excessive length of judicial review of detention – detention order by the Khamovnicheskiy District Court of Moscow on 31/03/2021, appeal decision of the Moscow City Court on 11/05/2021, 1 month and
10 days;
Detention order by the Khamovnicheskiy District Court of Moscow on 07/06/2021, appeal decision by the Moscow City Court on 17/08/2021, 2 months and 10 days;
Detention order of the Khamovnicheskiy District Court of Moscow, 23/08/2021, no review,
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention
54444/21
04/10/2021
Askar Linarovich GAYNULLIN
1997
21/07/2020
and ongoing on the date when the application was lodged with the Court
Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan, Fourth Appellate Court
More than 2 year(s)
collective detention orders;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed;
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
55957/21
11/10/2021
Anna Vasilyevna MALYSHEVA
1976
19/04/2017
and ongoing on the date when the application was lodged with the Court
Novo-Savinskiy District Court of Kazan, Supreme Court of the Tatarstan Republic
More than 5 year(s)
failure to conduct the proceedings with due diligence during the period of detention;
fragility of the reasons employed by the courts;
failure to examine the possibility of applying other measures of restraint
56373/21
28/10/2021
Roman Mikhaylovich UCHACHEV
1968
01/09/2017
and ongoing on the date when the application was lodged with the Court
Babushkinskiy District Court of Moscow, Serpukhov Town Court of Moscow, Moscow Regional Court, First Appellate Court
More than 5 year(s)
failure to examine the possibility of applying other measures of restraint;
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;
collective detention orders
56933/21
25/10/2021
Ilya Mikhaylovich GLUSHKO
1984Yevgeniy Vladimirovich Revyakin
Leningradskaya
30/05/2021
and ongoing on the date when the application was lodged with the Court
Kanevskiy District Court of Krasnodar Region, Krasnodar Regional Court
More than 1 year(s)
fragility of the reasons employed by the courts;
failure to examine the possibility of applying other measures of restraint;
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
56986/21
25/10/2021
Anatoliy Anatolyevich KUZNETSOV
1975
16/12/2019 to
16/08/2021
Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
1 year and 8 months
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 - use of metal cages and/or other security arrangements in courtrooms - Tsentralnyy District Court of Krasnoyarsk, 18/12/2019 - 16/08/2021
57834/21*
09/11/2021
Denis Valeryevich SEMIN
1996Aleksey Valentinovich Grigoryev
Vyborg
10/05/2020
and ongoing on the date when the application was lodged with the Court
Vyborg Town Court of the Leningrad Region, Leningrad Regional Court
More than 2 year(s)
fragility of the reasons employed by the courts;
collective detention orders;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Vyborg Town Court of the Leningrad Region, Leningrad Regional Court between 06/07/2020 and 16/09/2021
57894/21*
19/11/2021
Aleksandr Aleksandrovich BUTSIN
1976Aleksandr Aleksandrovich Lebedev
Moscow
10/03/2021
and ongoing on the date when the application was lodged with the Court
Basmannyy District Court of Moscow, Moscow City Court
More than 1 year(s)
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;
collective detention orders
57926/21*
05/11/2021
Aleksey Viktorovich YEGOROV
1982Olga Viktorovna Golub
Suzemka
08/09/2020
and ongoing on the date when the application was lodged with the Court
Khoroshevskiy District Court of Moscow, Moscow City Court
More than 2 year(s)
collective detention orders;
fragility of the reasons employed by the courts;
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention – detention order by the Khoroshevskiy District Court of Moscow on 06/05/2021, appeal lodged on 12/05/2021, appeal decision by the Moscow City Court, on 07/06/2021 (26 days)
58567/21*
25/10/2021
Yevgeniy Aleksandrovich LARIONOV
1990
12/04/2018
and ongoing on the date when the application was lodged with the Court
Ufimskiy District Court of Bashkortostan Republic, Vakhitovskiy District Court of Kazan, Supreme Court of Tatarstan Republic, Fourth Appellate Court
More than 4 year(s)
fragility of the reasons employed by the courts;
collective detention orders;
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
Art. 5 (4) - excessive length of judicial review of detention – detention order by the Supreme Court of the Tatarstan Republic on 29/04/2021, appeal decision by the Fourth Appellate Court on 28/05/2021 (29 days)
58696/21*
17/11/2021
Artem Aleksandrovich ALATYREV
1994
29/07/2019
and ongoing on the date when the application was lodged with the Court
Vakhitovsky District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appeal Court
More than 3 year(s)
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. 5 (4) - excessive length of judicial review of detention – detention order by the Supreme Court of the Tatarstan Republic on 30/04/2021, appeal decision of the Fourth Appeal Court, on 28/05/2021 (28 days)
59090/21*
11/11/2021
Stanislav Aleksandrovich FEDORCHENKO
1986Vladimir Yuryevich Kostyushev
Moscow
10/04/2020
and ongoing on the date when the application was lodged with the Court
Lefortovskiy District Court of Moscow, Moscow City Court, First Appellate Court
More than 2 year(s)
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 conduct the proceedings with due diligence during the period of detention
60130/21*
22/11/2021
Madina Madibroyimovna ISLOMOVA
1984Vladimir Nikolayevich Petropavlovskiy
Lytkarino
31/08/2017 to
19/08/2021
Cheremushkinskiy District Court of Moscow, Moscow City Court
3 year(s) and 11 month(s) and 20 day(s)
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;
failure to examine the possibility of applying other measures of restraint;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
60319/21
17/11/2021
Sergey Vladislavovich SHIN
1991
21/04/2018
and ongoing on the date when the application was lodged with the Court
Nizhnekamskiy Town Court, Supreme Court of the Republic of Tatarstan
More than 4 year(s)
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
60653/21*
24/11/2021
Dmitriy Igorevich ROSHCHUPKIN
1994Vladimir Yuryevich Kostyushev
Moscow
05/02/2019
and ongoing on the date when the application was lodged with the Court
Dorogomilovskiy District Court of Moscow, Cheremushinskiy District Court of Moscow, Moscow City Court
More than 4 year(s)
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
61232/21
23/11/2021
Aleksey Vasilyevich BRIZHAN
1978Artur Olegovich Speranskiy
Moscow
28/08/2020
and ongoing on the date when the application was lodged with the Court
Khamovnicheskiy District Court of Moscow; Presnenskiy District Court of Moscow; Moscow City Court; First appellate court.
More than 2 year(s)
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;
collective detention orders
61490/21*
15/12/2021
Zamir Aytekovich BORSOV
1960Levan Viktorochi Vardaya
Moscow
26/02/2019
and ongoing on the date when the application was lodged with the Court
Basmannyy District Court of Moscow, Preobrazhenskiy District Court of Moscow, Moscow City Court, Supreme Court
More than 3 year(s)
fragility of the reasons employed by the courts;
failure to examine the possibility of applying other measures of restraint;
failure to conduct the proceedings with due diligence during the period of detention
129/22
29/11/2021
Ayrat Rustamovich GATAULLIN
1990
27/06/2019
and ongoing on the date when the application was lodged with the Court
Vakhitovskiy District Court of Tatarstan, Supreme Court of Tatarstan, Fourth Appellate Court
More than 3 year(s)
failure to conduct the proceedings with due diligence during the period of detention;
failure to examine the possibility of applying other measures of restraint;
collective detention orders;
fragility of the reasons employed by the courts;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed;
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
846/22*
08/12/2021
Ilshat Ildusovich AKHMETYANOV
1991
22/05/2018
and ongoing on the date when the application was lodged with the Court
Aktanyshskiy District Court of Tatarstan, Vakhitovskiy District Court of Kazan, Supreme Court of Tatarstan Republic, Fourth Appellate Court
More than 4 year(s)
failure to conduct the proceedings with due diligence during the period of detention;
failure to examine the possibility of applying other measures of restraint
942/22
17/12/2021
Nikolay Sergeyevich POPOV
1978
03/07/2020
and ongoing on the date when the application was lodged with the Court
Tverskoy District Court of Moscow, Moscow City Court
More than 2 year(s)
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
1545/22
14/12/2021
Maksim Yuryevich KOLOGREYEV
1986
07/10/2020
and ongoing on the date when the application was lodged with the Court
Vakhitovskiy District Court of Kazan, Supreme Court of Tatarstan Republic
More than 1 year(s)
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;
failure to assess the applicant’s personal situation reducing the risks of re ‑ offending, colluding or absconding;
fragility of the reasons employed by the courts;
collective detention orders
1903/22
09/12/2021
Ramzan Zelimkhanovich ISRAILOV
1997Dmitriy Sergeyevich Vorotyntsev
Rostov-on-Don
11/08/2020
and ongoing on the date when the application was lodged with the Court
Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Third Appellate Court
More than 2 year(s)
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
3684/22
27/12/2021
Shamil Khavazhiyevich SADULAYEV
1995Yelena Viktorovna Pestovskaya
Rostov-on-Don
21/04/2021
and ongoing on the date when the application was lodged with the Court
Leninskiy Distrisct Court of Rostov-on-Don, Rostov Regional Court
More than 1 year(s)
fragility of the reasons employed by the courts;
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;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice
3894/22*
27/12/2021
Maksim Nikolayevich KHOKHLOV
1982
16/02/2019
and ongoing on the date when the application was lodged with the Court
Verkhneuslonskiy District Court of the Tatarstan Republic, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic
More than 3 year(s)
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;
failure to conduct the proceedings with due diligence during the period of detention;
failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) – lack of speedy review of the detention matters – detention order of the Verkhneuslonskiy District Court of the Tatarstan Republic of 03/06/2021, appeal decision by the Supreme Court of the Republic of Tatarstan on 02/07/2021 (29 days); detention order by the Verkhneuslonskiy District Court of the Tatarstan Republic on 12/10/2021, appeal decision by the Supreme Court of the Tatarstan Republic on 03/12/2021, 1 month and
21 days