Published on 26 June 2023

FOURTH SECTION

Application no. 3018/22 Aleksandr Viktorovich GRINEV against Russia and 19 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

Specific defects

Other complaints under well-established case-law

3018/22*

27/12/2021

Aleksandr Viktorovich GRINEV

1968Natalya Aleksandrovna Nechiporenko

Moscow

21/07/2021

-

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

Leninskiy District Court of Stavropol, Stavropol Regional Court

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;

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

Art. 5 (4) - excessive length of judicial review of detention - Leninskiy District Court of Stavropol, 15/09/2021, appeal lodged on 15/09/2021, Stavropol Regional Court, 15/10/2021,

30 days.

3930/22

20/12/2021

Ayrat Maskhutovich FAYZULLIN

1989

24/01/2019

-

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

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

fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group

6734/22*

30/12/2021

Boris Nikolayevich YEVSTRATYEV

1965Valeriy Vladimirovich Shukhardin

Moscow

30/06/2021

-

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

Supreme Court, Chelyabinsk Regional Court, Second Appeal Court

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

8010/22

21/01/2022

Dmitriy Aleksandrovich DRYAGIN

1986Aleksey Valeryevich Ivanov

Krasnodar

17/06/2021

-

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

Leninskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Krasnodar Regional Court

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

9481/22*

02/02/2022

Svetlana Aleksandrovna PODSTAVKINA

1973Natalya Aleksandrovna Nechiporenko

Moscow

07/09/2021 -

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

Leninskiy District Court of Stavropol, Stavropol Regional Court

failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; 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 - Leninskiy District Court of Stavropol, 09/09/2021, appeal lodged on 13/09/2021, Stavropol Regional Court, 18/10/2021, 1 month and 5 days;

Leninskiy District Court of Stavropol, 29/10/2021, appeal lodged on 29/10/2021, Stavropol Regional Court, 23/11/2021, 25 days,

Art. 8 (1) - unlawful search - Search under the Code of Criminal Procedure in the applicant’s home authorised on 20/07/2021 by Investigator of Stavropol Region conducted on 20/07/2021. The lawfulness of urgent search was confirmed by the domestic courts. Final - Stavropol Regional Court, 19/10/2021.

No adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police’s discretion), no adequate and sufficient safeguards against abuse: lawyer not allowed to assist the applicant during the search, no relevant or sufficient reasons to justify the search: applicant not a suspect.

11131/22

08/02/2022

Vladimir Olegovich VEDERNIKOV

1963Ivan Aleksandrovich Khoroshev

Krasnoyarsk

22/09/2020 -

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

Tsentralnyy District Court of Novosibirsk; Novosibirsk Regional Court

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, 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

11363/22*

03/02/2022

Apti Uvaysovich VISAYEV

1985Yekaterina Borisovna Belova

Moscow

22/04/2021 -

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

Norilsk Town Court of the Krasnoyarsk Region, Krasnoyarsk Regional Court, Tsentralnyy District Court of Krasnoyarsk, First Eastern Circuit Military Court, Military Appellate Court

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

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant’s placement in a metal cage during the hearings in the Tsentralnyy District Court of Krasnoyarsk and in the Krasnoyarsk Regional Court (video link from SIZO-1 Krasnoyarsk) between 24/04/2021 and 11/01/2022,

Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - SIZO-1 Krasnoyarsk Region, refusal of short-term family visits, the applicant’s wife requested short-term family visits on 09/03/2022, 10/03/2022, 23/03/2022, 28/04/2022 and 10/05/2022 to no avail.

11805/22*

11/02/2022

Georgiy Stanislavovich SVETLITSKIY

1998Pavel Arkadyevich Abramov

Rostov-on-Don

06/08/2021 -

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

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

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;;

fragility of the reasons employed by the courts

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

11877/22

02/02/2022

Denis Nikolayevich KOVALEVICH

1998Mark Vladimirovich Dobryanskiy

Perm

29/01/2021 -

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

Dzerzhinskiy District Court of Perm, Sverdlovskiy District Court of Perm, Perm Regional Court

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

12636/22*

16/02/2022

Aleksandr Vadimovich BONDARENKO

1997

09/11/2020 -

pending 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

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 -

Supreme Court of the Tatarstan Republic, 29/12/2021,

Fourth Appellate Court, 26/01/2022, 28 days.

14146/22

14/02/2022

Valeriy Ivanovich MATSIYENKO

1969Inessa Vadimovna Svechnikova

Moscow

14/02/2020 -

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

Zheleznogorsk Town Court of Krasnoyarsk Region; Krasnoyarsk Regional Court

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, as the case progressed, of applying other measures to secure attendance at the trial; failure to examine the possibility of applying other measures of restraint, collective detention orders

14291/22

17/02/2022

Vadim Vyacheslavovich REDKIN

1958Ivan Aleksandrovich Khoroshev

Krasnoyarsk

22/09/2020 -

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

Tsentralnyy District Court of Novosibirsk; Novosibirsk Regional Court; Fifth Appellate Court

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

14647/22

22/02/2022

Aleksey Aleksandrovich SHAMARDIN

1978Aleksandr Dmitriyevich Peredruk

St Petersburg

31/08/2021 -

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

Pervomayskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Timashevskiy District Court of Krasnodar, Krasnodar Regional Court

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. 3 - use of metal cages and/or other security arrangements in courtrooms - Pervomayskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Timashevskiy District Court of Krasnodar, Krasnodar Regional Court, 02/09/2021 - pending on the date when the application was lodged with the Court.

14726/22

27/02/2022

Anzor Akhmedovich DOGUSHEV

1978Kseniya Yevgenyevna Bezrukova

Moscow

09/07/2015 -

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

Babushkinskiy District Court of Moscow, Moscow Regional Court, First Appellate Court

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 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; persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group

Art. 5 (4) - excessive length of judicial review of detention - Moscow Regional Court, 24/06/2021, appeal lodged on 28/06/2021, First Appellate Court, 01/09/2021, 2 months and 4 days.

14733/22

21/02/2022

Yevgeniy Vladimirovich NAGORNYY

1981Yevgeniya Mikhaylovna Zyuzina

Voronezh

20/01/2021 to

04/01/2022

Kominternovskiy District Court of Voronezh, Voronezh Regional Court

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 - Kominternovskiy District Court of Voronezh, 01/09/2021, Voronezh Regional Court, 15/12/2021, 3 months and 14 days,

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh, Voronezh Regional Court, between 07/09/2016 -17/12/2021, during hearings on extension of pre-trial detention,

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

16405/22*

05/03/2022

Ramaz Gurbanovich MUSAYEV

1984

26/07/2020

-

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

Yuzhno-Sakhalinsk Town Court of the Sakhalin Region, Sakhalin Regional Court

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

17240/22*

07/04/2022

Cheslav Cheslavich POPOV

1982

05/05/2017 to

09/12/2021

Zheleznogorsk Town Court of the Kranoyarsk Region, Leninskiy Distrcit Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Appellate Court

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 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, collective detention orders

Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 §§ 3 and 4 of the Convention.

18025/22*

12/03/2022

Beslan Usamovich ASAKAYEV

1971Olga Viktorovna Golub

Suzemka

09/07/2015 -

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

Babushkinskiy District Court of Moscow, Moscow City Court, Moscow Regional Court, First Appellate Court

collective detention orders; persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group; 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) - deficiencies in proceedings for review of the lawfulness of detention - Moscow Regional Court, 16/12/2021, First Appellate Court, 24/01/2022,

1 month and 8 days.

18266/22

12/03/2022

Sergey Vladimirovich KSENOFONTOV

1979Maksim Gennadyevich Salkov

Voronezh

05/09/2016 -

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

Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh, Voronezh Regional Court

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; 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 - Kominternovskiy District Court of Voronezh, 09/04/2019 - pending on the date when the application was lodged with the Court.

19133/22*

13/03/2022

Sergey Aleksandrovich NEKRASOV

1986Aliya Ibragimovna Antonova

Yurga

03/12/2014 -

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

Tsentralnyy District Court of Kemerovo, Kemerovo Regional Court, Yurga Town Court of Kemerovo

fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial; failure to conduct the proceedings with due diligence during the period of detention;

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. 5 (4) - excessive length of judicial review of detention - Yurga Town Court of the Kemerovo Region, 21/10/2021, Kemerovo Regional Court, 01/12/2021, 1 month and 10 days.