Published on 26 June 2023

FOURTH SECTION

Application no. 2282/21 Rinat Kurbangaliyevich SHAYDULLIN against Russia and 24 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

2282/21*

04/12/2020

Rinat Kurbangaliyevich SHAYDULLIN

1975Nikolay Sergeyevich Zboroshenko

Mytishchi

21/06/2018 to

14/08/2020

Dmitrov Town Court of the Moscow Region; Moscow Regional Court

2 year(s) and 1 month(s) and 25 day(s)

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

14287/21

18/02/2021

Sergey Fedorovich RUBEZHNOY

1974Vladimir Vladimirovich Koshev

Stavropol

26/06/2018 -

Pending on the date when the application was lodged with the Court

Leninskiy District Court of Stavropol, Stavropol Regional Court, Third Appellate Court

More than 4 year(s) and 9 month(s) and 5 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. 3 - use of metal cages and/or other security arrangements in courtrooms - On 14/08/2020 - 27/10/2020, Leninskiy District Court of Stavropol; 22/01/2021 - pending on the date when the application was lodged with the Court Stavropol Regional Court,

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Stavropol, 16/06/2018 - pending on the date when the application was lodged with the Court, opposite-sex operators, video surveillance in a lavatory and/or shower room, detention in different cells with video surveillance,

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 permanent video surveillance

30020/21*

11/06/2021

Magomed Gadzhiyevich MAGOMEDOV

1967Mikhail Aleksandrovich Osherov

Moscow

30/03/2018 -

pending on the date when the application was lodged with the Court

Tverskoy District Court of Moscow, Basmannyy District Court of Moscow, Meschanskiy District Court of Moscow, Moscow City Court, First Appeal Court

More than 5 year(s) and 2 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 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 - Meshchanskiy District Court of Moscow, 29/04/2021, appeal lodged on 04/05/2021, Moscow City Court, 16/07/2021, 1 month and 12 days

31358/21*

16/05/2021

Aleksandr Alekseyevich SAMOYLOV

1960Irina Aleksandrovna Suslova

Vyborg

15/07/2019 to

30/03/2021

Leningrad Regional Court, Priozerskiy Town Court of the Leningrad Region

1 year(s) and 8 month(s) and 16 day(s)

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. 3 - use of metal cages and/or other security arrangements in courtrooms - during the hearings in the Priozerskiy District Court of the Leningrad Region, 04/04/2018 - 30/03/2021

37778/21

14/07/2021

Pavel Aleksandrovich CHEPURKIN

1979Aleksey Leonidovich DOROSHENKO

1984Yevgeniy Vladimirovich KAGANOVSKIY

1981Andrey Valerianovich SHISHKOV

1985Lina Fedorovna Motchenko

Nevinnomyssk

15/05/2014 to

20/01/2021

19/05/2014 to 20/01/2021

08/12/2014 to 20/01/2021

05/02/2015 to 20/01/2021

Nevinnomyssk Town Court of Stavropol Region; Stavropol Regional Court

6 year(s) and

8 month(s) and

6 day(s)

6 year(s), 8 month(s) and 5 day(s)

6 year(s), 1 month(s) and 14 day(s)

5 year(s),

11 month(s) and

16 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 examine the possibility of applying other measures of restraint

55567/21*

30/10/2021

Maksim Viktorovich TARKHANOV

1978

17/02/2021 -

pending on the date when the application was lodged with the Court

Basmanniy District Court of Moscow, Moscow City Court

More than 2 year(s) and 1 month(s) and 18 day(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; 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 - Moscow City Court, 07/06/2021; the applicant’s placement in metal cage and glass cabin during the hearings before the Basmanniy District Court of Moscow and the Moscow City Court on multiple occasions in the period from 18/02/2021 to 13/07/2022,

Art. 13 - lack of an effective remedy against refusals of short-term family visits and in respect of placement in a metal cage during court hearings,

Art. 5 (4) - excessive length of judicial review of detention -

Basmanniy District Court of Moscow, 14/04/2021, Moscow City Court, 07/06/2021, 1 month and 23 days;

Basmanniy District Court of Moscow, 15/07/2021, appeal lodged on 18/07/2021, Moscow City Court, 01/09/2021, 1 month and 14 days,

Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention,

Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - lack of family visits in SIZO

2999/22*

15/12/2021

Ruslan Mikhaylovich ARASHUKOV

1986Valeriy Vladimirovich Shukhardin

Moscow

30/01/2019 -

pending on the date when the application was lodged with the Court

Basmannyy District Court of Moscow, Moscow City Court, Cherkessk Town Court of the Karachay-Cherkessia Republic, Supreme Court of the Karachay-Cherkessia Republic, Peobrazhenskiy District Court of Moscow

More than 4 year(s) and 2 month(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

3482/22*

15/12/2021

Viktor Valeryevich BELEVTSOV

1978Olga Valentovna Nyamina

Moskva

29/09/2018 -

pending on the date when the application was lodged with the Court

Basmanyy District Court of Moscow, Presnenskiy District Court of Moscow, Moscow City Court, First Appellate Court

More than 4 year(s) and 6 month(s) and 7 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; fragility and repetitiveness of the reasoning employed by the courts as the case progressed

Art. 5 (4) - excessive length of judicial review of detention - Presnenskiy District Court of Moscow, 13/10/2021, Moscow City Court, 24/11/2021,

1 month and 11 days

3618/22*

13/12/2021

Roman Aleksandrovich MALKOV

1979Yekaterina Vladimirovna Antonova

Leningrad

22/01/2020 -

pending on the date when the application was lodged with the Court

Kolpinskiy District Court of St Petersburg, Pushkinskiy District Court of St Petersburg, St Petersburg City Court

More than 3 year(s) and 2 month(s) and 6 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 conduct the proceedings with due diligence during the period of detention;

failure to examine the possibility of applying other measures of restraint

Art. 5 (4) - excessive length of judicial review of detention -

Pushkinskiy District Court, 17/05/2021, appeal lodged on 26/05/2021, St Petersburg City Court, 27/07/2021;

2 months and 1 day;

Pushkinskiy District Court, 28/07/2021, appeal lodged on 02/08/2021, St Petersburg City Court, 12/10/2021,

2 months and 10 days;

Kolpinskiy District Court, 11/08/2021, appeal lodged on 16/08/2021, St Petersburg City Court, 22/09/2021,

1 month and 6 days

3732/22*

27/12/2021

Eduard Mullanurovich MUKHAMETZYANOV

1983

13/08/2018 to

27/08/2020

11/08/2021 -

pending on the date when the application was lodged with the Court

Sovetskiy District Court of Kazan, Supreme Court of the Tatarstan Republic

2 year(s) and 15 day(s)

More than 1 year(s) and 7 month(s) and 27 day(s)

fragility of the reasons employed by the courts; failure to conduct the proceedings with due diligence during the period of detention; 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

4015/22

16/12/2021

Sergey Aleksandrovich OVECHKIN

1980

12/12/2019 -

pending on the date when the application was lodged with the Court

Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, Sverdlovskiy District Court of Krasnoyarsk

More than 3 year(s) and 3 month(s) and 26 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 (4) - excessive length of judicial review of detention - Sverdlovskiy District Court of Krasnoyarsk, 05/10/2021, appeal lodged on 08/10/2021, Krasnoyarsk Regional Court, 11/11/2021, 1 month and 4 days; Sverdlovskiy District Court, 29/12/2021, Krasnoyarsk Regional Court, 01/02/2022, 1 month and 4 days,

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Sverdlovskiy District Court of Krasnoyarsk, 07/02/2020 - 05/10/2021,

Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings

4040/22*

27/12/2021

Ivan Sergeyevich SAMOKHVALOV

1987Irina Vladimirovna Dorzhizhapova

Chita

19/07/2019 -

pending on the date when the application was lodged with the Court

Tsentralnyy District Court of Chita, Zabaykalye Regional Court, Fifth Appellate Court

More than 3 year(s) and 8 month(s) and 19 day(s)

collective detention orders;

failure to examine the possibility of applying other measures of restraint;

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 examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial

4076/22*

29/12/2021

Maksim Vitalyevich TISHCHENKO

1993

22/09/2018 -

pending on the date when the application was lodged with the Court

Tsentralnyy District Court of Sochi, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court

More than 4 year(s) and 6 month(s) and 16 day(s)

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;

fragility and repetitiveness of the reasoning employed by the courts as the case progressed

Art. 5 (4) - excessive length of judicial review of detention - Supreme Court of the Tatarstan Republic, 28/06/2021, Fourth Appellate Court, 21/07/2021,

23 days;

Supreme Court of the Tatarstan Republic, 02/09/2021, Fourth Appellate Court, 22/09/2021, 20 days

4131/22

27/12/2021

Yevgeniy Yevgenyevich YEVSIKOV

1990

24/04/2018 -

pending on the date when the application was lodged with the Court

Supreme Court of the Tatarstan Republic, Fourth Appellate Court

More than 4 year(s) and 11 month(s) and 14 day(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

4787/22

29/12/2021

Vyacheslav Olegovich VYSOTSKIY

1998Yuriy Nikolayevich Logvinov

Rostov-on-Don

20/11/2020 -

pending on the date when the application was lodged with the Court

Leninskiy District Court of Rostov-on-Don, Voroshilovskiy District Court of Rostov-on-Don, Rostov Regional Court

More than 2 year(s) and 4 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 examine the possibility of applying other measures of restraint

Art. 5 (4) - excessive length of judicial review of detention - Voroshilovskiy District Court of Rostov-on-Don, 10/11/2021, appeal lodged on 13/11/2021, Rostov Regional Court 09/12/2021, 26 days

4921/22

15/12/2021

Grigoriy Nikolayevich VARYGIN

1995Vitaliy Sergeyevich Gurenko

Krasnoyarsk

30/01/2019 -

pending on the date when the application was lodged with the Court

Pirovskiy District Court of Krasnoyarsk Region, Lesosibirskiy District Court of Krasnoyarsk Region, Krasnoayrsk Regional Court

More than 4 year(s) and 2 month(s) and 8 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. 3 - use of metal cages and/or other security arrangements in courtrooms - during the hearings extending the applicant’s pre-trial detention in the Pirovskiy District Court of the Krasnoyarsk Region, the Lesosibirskiy District Court of the Krasnoyarsk Region, starting from 04/03/2019 and pending on the date when the application was lodged with the Court

5680/22

24/12/2021

Tatyana Alekseyevna ZORINA

1984

20/07/2020 -

pending on the date when the application was lodged with the Court

Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court

More than 2 year(s) and 8 month(s) and 18 day(s)

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

5768/22

01/12/2021

Yuriy Yuryevich KONOPLEV

1973

08/08/2019 to

13/08/2021

Kozulskiy District Court of the Krasnoyarsk Region, Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court

2 year(s) and

6 day(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; 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 - during the court hearings in Zheleznodorozhnyy District Court of Krasnoyarsk, 06/11/2019 - 09/06/2021

5990/22

10/01/2022

Ruslan Nikolayevich MALAYDAKH

1992

22/10/2020

-

pending on the date when the application was lodged with the Court

Supreme Court of the Tatarstan Republic

More than 2 year(s) and 5 month(s) and 16 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;

fragility and repetitiveness of the reasoning employed by the courts as the case progressed

6099/22*

08/01/2022

Dmitriy Vladimirovich NOVIKOV

1972Andrey Vasilyevich Sabinin

Stavropol

07/06/2021

-

pending on the date when the application was lodged with the Court

Leninskiy District Court of Novorossiysk, Stavropol Regional Court

More than 1 year(s) and 10 month(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. 3 - use of metal cages and/or other security arrangements in courtrooms - placed into a metal cage during the court hearing on 23/08/2021,

Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings,

Art. 5 (4) - excessive length of judicial review of detention - Leninskiy District Court of Novorossiysk, 07/06/2021, appeal lodged on 10/06/2021, Stavropol Regional Court, 23/08/2021, 2 months and 13 days

6881/22

19/01/2022

Dmitriy Vladimirovich CHERTOK

1972Natalya Aleksandrovna Nechiporenko

Moscow

08/07/2021

-

pending on the date when the application was lodged with the Court

Meshchanskiy District Court of Moscow, Moscow City Court, Dorogomilovskiy District Court of Moscow, First Appellate Court

More than 1 year(s) and 8 month(s) and 30 day(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; failure to conduct the proceedings with due diligence during the period of detention;

fragility of the reasons employed by the courts

Art. 5 (4) - lack of speediness of review of the applicant’s detention: Dorogomilovskiy District Court of Moscow, 06/09/2021, appeal lodged on 08/09/2021, Moscow City Court, 07/10/2021, 29 days;

Moscow City Court, 15/10/2021, appeal lodged on 18/10/2021, First Appellate Court, 18/11/2021, 31 days;

Moscow City Court, 17/11/2021, appeal lodged on 18/11/2021, First Appellate Court, 14/12/2021, 26 days,

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - from the moment the applicant was extradited to Russia from Hungary on 08/07/2021 and until 15/10/2021 when the Moscow City Court adopted its decision on pre-trial detention, he was in pre-trial detention without proper order (see Kalinichenko v. Russia , no. 40834/11, paras. 75-78,

9 July 2019)

7422/22*

22/01/2022

Aleksandr Pavlovich KUZIN

1982

05/08/2020

-

pending on the date when the application was lodged with the Court

Yakutsk Town Court of the Sakha Republic, Supreme Court of the Sakha Republic

More than 2 year(s) and 8 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 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) - deficiencies in proceedings for review of the lawfulness of detention - Impossibility to have a private consultation with counsel via a video-link during the appellate hearing at the Supreme Court of the Sakha Republic on 22/10/2021 (see Khodokovskiy v. Russia , no. 5829/04, paras. 230-233,

31 May 2011),

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during court hearings in the Yakutsk Town Court of the Sakha Republic 02/10/2020-22/12/2021

Video link from SIZO-1 Sakha Republic 23/10/2020 - 22/10/2021,

Art. 3 - inadequate conditions of detention during transport - 07/08/2020-17/01/2022; by van, 0.2 sq. m per person, overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light,

Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings

8450/22*

23/01/2022

Dmitriy Viktorovich KULAGA

1978

02/04/2014 to

24/12/2020

22/06/2021

-

pending on the date when the application was lodged with the Court

Divnogorskiy Town Court of the Krasnoyarsk Region, Krasnoyarsk Regional Court

6 year(s) and 8 month(s) and 23 day(s)

More than 1 year(s) and 9 month(s) and 16 day(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;

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

8961/22*

28/12/2021

Eldar Valeryevich GARIPOV

1995Igor Yuryevich Skachko

St Petersburg

11/02/2021

-

pending on the date when the application was lodged with the Court

Leninskiy District Court of St Petersburg, St Petersburg City Court

More than 2 year(s) and 1 month(s) and 27 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;

fragility and repetitiveness of the reasoning employed by the courts as the case progressed

Art. 5 (4) - excessive length of judicial review of detention - Leninskiy District Court, 02/06/2021, appeal lodged on 07/06/2021, St Petersburg City Court, 01/07/2021, 24 days;

Leninskiy District Court of St Petersburg, 30/08/2021, appeal lodged on 02/09/2021, St Petersburg City Court, 21/10/2021, 1 month and

18 days;

Leninskiy District Court of St Petersburg, 28/06/2021, appeal lodged on 29/06/2021, St Petersburg City Court, 22/07/2021, 23 days;

Leninskiy District Court of St Petersburg, 30/07/2021, appeal lodged on 02/08/2021, St Petersburg City Court, 19/08/2021, 17 days;

Leninskiy District Court of St Petersburg, 10/08/2021, appeal lodged on 17/08/2021, St Petersburg City Court, 16/09/2021, 30 days;

Leninskiy District Court of

St Petersburg, 30/08/2021, appeal lodged on 02/09/2021, St Petersburg City Court, 21/10/2021, 1 month and

18 days;

Leninskiy District Court of

St Petersburg, 10/11/2021, appeal lodged on 15/11/2021, appeal proceedings were pending on the date when the application was lodged with the Court

10983/22

02/02/2022

Danis Rustemovich AKHMADEYEV

1992

23/06/2020

-

pending on the date when the application was lodged with the Court

Privolzhskiy District Court of Kazan, Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appellate Court

More than 2 year(s) and 9 month(s) and 15 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