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FETISOV v. RUSSIA and 21 other applications
Doc ref: 54727/14 • ECHR ID: 001-225691
Document date: June 1, 2023
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FETISOV v. RUSSIA and 21 other applications
Doc ref: 54727/14 • ECHR ID: 001-225691
Document date: June 1, 2023
Cited paragraphs only
Published on 26 June 2023
FIRST SECTION
Application no. 54727/14 Gleb Gennadyevich FETISOV against Russia and 21 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 June 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
54727/14*
25/07/2014
Gleb Gennadyevich FETISOV
1966Karinna Akopovna Moskalenko
Strasbourg
28/02/2014 -
14/08/2015
Basmannyy District Court, Moscow City Court
1 year(s) and 5 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention - Basmannyy District Court, 16/02/2015, Moscow City Court, 23/03/2015, 1 month and 5 days;
Moscow City Court, 24/02/2015, appeal lodged on 27/02/2015, Moscow City Court (Appeal Chamber), 14/04/2015, 1 month and 15 days; Moscow City Court, 14/05/2015, Moscow City Court (Appeal Chamber), 23/06/2015, 1 month and 9 days
24424/17*
17/03/2017
Aleksey Aleksandrovich ZELENSKIY
1981Maksim Yuryevich Izhikov
Paris
29/06/2015 -
11/07/2019
Basmannyy District Court of Moscow, Meshchanskiy District Court, Moscow City Court
4 year(s) and 16 day(s)
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;
failure to examine the possibility of applying other measures of restraint;
failure to conduct the proceedings with due diligence during the period of detention; economic crime; organised group
Art. 5 (4) - excessive length of judicial review of detention – Meshchanskiy District Court, 04/12/2018, appeal lodged on 07/12/2018, Moscow City Court, 19/02/2019, 2 months and 13 days
75180/17
19/10/2017
Aleksandr Sergeyevich OSIPOV
1977Yegor Leonidovych Boychenko
Strasbourg
14/12/2016 -
22/11/2018
Basmannyy District Court of Moscow, Moscow City Court
1 year(s) and 11 month(s) and 9 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; economic crime
75539/17*
19/10/2017
Pavel Viktorovich TISHCHENKO
1973Maksim Yuryevich Izhikov
Paris
29/06/2015 -
11/07/2019
Basmannyy District Court of Moscow, Moscow City Court
4 year(s) and 13 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; economic crime;
organised group
Art. 5 (4) - excessive length of judicial review of detention – Basmannyy District Court, 26/05/2017, appeal lodged on 29/05/2017, Moscow City Court, 10/07/2017, 1 month and 11 days
1352/19
17/12/2018
Oleg Artushevich MKRTCHAN
1966Igor Olegovich Popovskiy
Moscow
05/02/2018 -
pending
on the date when the application was lodged with the Court
Basmannyy 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;
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 - Basmannyy District Court, 03/10/2018, appeal lodged on 09/10/2018, Moscow City Court, 02/11/2018, 24 days
12178/19
21/02/2019
Oleg Mikhaylovich PESHCHERIN
1978Yevgeniy Valeryevich Neudachin
Voronezh
19/07/2018 -
pending
on the date when the application was lodged with the Court
Ostankinskiy District Court, 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 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;
economic nature of crime
12381/19*
25/02/2019
Ruslan Gennadyevich OSHUROV
1976Yevgeniy Georgiyevich Dluzhevskiy
Petropavlovsk-Kamchatskiy
21/05/2018
- pending
on the date when the application was lodged with the Court
Petropavlovsk-Kamchatsk Town Court, Kamchatka Regional Court
More than 4 year(s)
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
18081/19*
18/03/2019
Aleksandr Vitalyevich PIVOVAROV
1966Maksim Yuryevich Izhikov
Paris
29/06/2015 -
11/07/2019
Basmannyy District Court of Moscow, Meshchanskiy District Court, Moscow City Court
4 year(s) and 1 month(s) and 13 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;
economic crime;
organised group
Art. 5 (4) - excessive length of judicial review of detention - Basmannyy District Court, 09/10/2018, appeal lodged on 11/10/2018, Moscow City Court, 01/11/2018, 21 days; Meshchanskiy District Court, 04/12/2018, appeal lodged on 06/12/2018, Moscow City Court, 19/02/2019, 2 months and 16 days
25382/19*
16/04/2019
Igor Aleksandrovich PRONIN
1978
26/10/2018
- pending
on the date when the application was lodged with the Court
Krasnogvardeyskiy District Court of St Petersburg, St Petersburg City 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;
economic nature of the crime
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Krasnogvardeyskiy District Court of St Petersburg, 27/10/2018 and 13/11/2018,
Art. 3 - inadequate conditions of detention during transport - van, transit cell, 13/11/2018 and 15/02/2019, overcrowding, passive smoking, no allocated seat, 0.3, sq. m. of personal space
42413/19*
06/08/2019
Dmitriy Alekseyevich FROLOV
1969Aleksey Yuryevich Akimov
Moscow
24/04/2019
- pending
on the date when the application was lodged with the Court
Moscow Garrison Military Court, Second Western Circuit Military Court
More than 3 year(s)
fragility of the reasons employed by the courts;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed;
collective detention orders;
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
Art. 3 - inadequate conditions of detention during transport - van, 11/06/2019 - pending on the date when the application was lodged with the Court, 0.4 sq. m. of personal space, overcrowding, inadequate temperature, lack of fresh air, poor quality of food,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Moscow Garrison Military Court, 24/06/2019
44365/19
12/08/2019
Maksim Sergeyevich VLADIMIROV
1978Natalya Aleksandrovna Mitusova
Khimki
14/02/2019
- pending
on the date when the application was lodged with the Court
Basmannyy District Court of Moscow, Moscow City 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 conduct the proceedings with due diligence during the period of detention;
47101/19
27/08/2019
Ivan Nikolayevich ZYUZIN
1983Aleksey Sergeyevich Lezhnikov
Moscow
14/02/2019
- pending
on the date when the application was lodged with the Court
Basmannyy District Court of Moscow, Moscow City Court
More than 3 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; economic crime
50161/19*
31/08/2019
Philippe DELPAL
1972Dmitriy Valeryevich Kharitonov
Moscow
14/02/2019 -
15/08/2019
Basmannyy District Court of Moscow, Moscow City Court
7 month(s) and 2 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;
economic crime
47521/21*
30/08/2021
Yelisey Aleksandrovich NIKITIN
1978Viktor Viktorovich Balyshev
Uvelskiy
29/07/2021
- pending
on the date when the application was lodged with the Court
Yuzhnouralsk Town Court of the Chelyabinsk Region, Chelyabinsk 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
51105/21*
23/09/2021
Anatoliy Sergeyevich KOMOLOV
1992
21/07/2020
- pending
on the date when the application was lodged with the Court
Vakhitovskiy District Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic
More than 2 year(s)
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
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
57096/21*
29/10/2021
Alla Mikhaylovna GUTNIKOVA
1998Memorial Human Rights Centre
Moscow
14/04/2021
- pending
on the date when the application was lodged with the Court
Basmannyy District Court of Moscow, Moscow City Court
More than 1 year(s)
failure to examine the possibility of applying other measures of restraint;
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
57732/21
08/11/2021
Oleg Aleksandrovich DOMOROSHCHIN
1978
19/06/2020
- pending
on the date when the application was lodged with the Court
Khamovnicheskiy 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;
collective detention orders;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Khamovnicheskiy Court of Moscow, Moscow City Court, 19/06/2020 - 16/06/2021
58028/21*
08/11/2021
Nikolay Vasilyevich KORNEYEV
1973Denis Gennadiyevich Kostetskiy
Moscow
17/03/2021
- pending
on the date when the application was lodged with the Court
Tverskoy District Court of Moscow, Moscow City 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed
Art. 5 (4) - excessive length of judicial review of detention - Tverskoy District Court of Moscow, 19/03/2021, appeal lodged on 25/03/2021, Moscow Regional Court, 12/05/2021,
1 month and 17 days;
Tverskoy District Court of Moscow, 13/05/2021, appeal lodged on 14/05/2021, Moscow Regional Court, 07/07/2021,
1 month and 23 days
9271/22
21/01/2022
Kirill Viktorovich UKRAINTSEV
1990Veronika Valeryevna Polyakova
Moscow
27/04/2022
- pending
on the date when the application was lodged with the Court
Savelovskiy 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;
failure to examine the possibility of applying other measures of restraint
Art. 5 (4) - excessive length of judicial review of detention - Savelovskiy District Court, 27/04/2022, appeal lodged on
29/04/2022, Moscow City Court, 23/05/2022, 24 days;
Savelovskiy District Court, 23/06/2022, appeal lodged on 28/06/2022, Moscow City Court, 25/07/2022, 27 days;
Savelovskiy District Court, 22/07/22, appeal lodged on 25/07/2022, Moscow City Court, 07/09/2022, 1 month and 13 days,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings which ended with the final judgment of the Moscow City Court on 21/07/2021,
Art. 6 (1) and Art. 6 (3) (d) – unfair administrative offence proceedings in view of the inability to cross-examine in open court the police officer on whose written statements the applicant’s conviction was based,
Art. 6 (1) - and Art. 6 (3) (c) – unfair administrative offence proceedings in view of the applicant’s absence from the hearings – the final decision by the Moscow City Court on 21/07/2021,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Protest of courier’s union in Moscow on 30/10/2020; final decision by the Moscow City Court on 21/07/2021 under article 20.2 § 2 of CAO and sentence to a fine of RUB 20,000
11465/22
29/01/2022
Aleksandr Gabriyelovich VINOKUROV
1990Aleksandr Sergeyevich Zorin
Moscow
24/11/2020
- pending
on the date when the application was lodged with the Court
Tverskoy 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 conduct the proceedings with due diligence during the period of detention;
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;
collective detention orders
25387/22*
23/05/2022
Yuliya Vasilyevna LYGA
1986Oksana Nikolayevna Trufanova
Moscow
18/03/2022
- pending
on the date when the application was lodged with the Court
Presnenskiy District Court of Moscow; Moscow City Court
More than several 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 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
34749/22*
09/04/2022
Vladimir Aleksandrovich METELKIN
1994Andrey Vasilyevich Sabinin
Stavropol
14/04/2021
- pending
on the date when the application was lodged with the Court
Justice of the Piece no. 208 of Dorogomilovo in Moscow, 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;
fragility and repetitiveness of the reasoning employed by the courts as the case progressed;
failure to examine the possibility of applying other measures of restraint
Art. 5 (4) - excessive length of judicial review of detention - Basmannyy District Court, 10/09/2021, appeal lodged on 13/09/2021, Moscow City Court, 11/10/2021, 28 days;
Justice of the Piece no. 208 of Dorogomilovo in Moscow, 09/11/2021, appeal lodged on 09/12/2021,
Dorogomilovskiy District Court of Moscow, 30 days
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