Published on 26 June 2023

FOURTH SECTION

Application no. 19134/22 Andrey Andreyevich NAUMENKO against Russia and 31 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

19134/22

17/03/2022

Andrey Andreyevich NAUMENKO

1981Sergey Anatolyevich Mazurov

Zheleznogorsk

20/12/2020 to

08/02/2022

Zheleznogorsk Town Court of the Kursk Region, Kursk Regional Court

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

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during the hearings on his pre-trial detention between 23/12/2020 and 07/10/2021

19225/22*

17/03/2022

Gadzhiverdi Nazim Olgy GABIBOV

1969Marina Aleksandrovna Lening

Yurga

03/12/2014 to

03/04/2019

29/10/2020 -

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

Tsentralnyy District Court of Kemerovo, Yurga Town Court of the Kemerovo Region, Kemerovo Regional Court, Eighth Cassation Court

fragility of the reasons employed by the courts;

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;

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

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 - Yurga Town Court of the Kemerovo Region, 21/10/2021, Kemerovo Regional Court, 01/12/2021, 1 month and 10 days;

Yurga Town Court of the Kemerovo Region 22/12/2021, Kemerovo Regional Court, 03/02/2022, 1 month and 12 days

19628/22

06/03/2022

Boris Borisovich NIKITIN

1951Tatyana Viktorovna Sukhareva

Moscow

22/07/2020 -

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

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

Rostov-on-Don, Rostov Regional Court, Third Appellate Court, Kirovskiy District Court of

Rostov-on-Don

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

20044/22*

06/04/2022

Oksana Vasilyevna DUDKINA

1985

01/12/2020 -

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

Leninskiy District Court of Rostov-on-Don, Rostov Regional Court, Third 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 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 - Applicant’s placement in a metal cage during the hearings in the Leninskiy District Court of Rostov-on-Don and the Rostov Regional Court since 01/11/2021 - pending on the date when the application was lodged with the Court

21493/22*

21/03/2022

Ilnaz Fanisovich MUKHAMETOV

1993

29/10/2018 to

11/10/2021

Naberezhnyye Chelny Town Court of Tatarstan, Military Appellate Court

collective detention orders;

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

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

Art. 3 - inadequate conditions of detention during transport - van, 09/03/2021 - 03/12/2021, 0.25-0.33 sq. m. of personal space, applicant transported on numerous occasions, duration of transport of

4-6 hours on each occasion, overcrowding, lack of fresh air, passive smoking, lack or inadequate furniture, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet

21513/22*

13/04/2022

Sergey Anatolyevich KIRICHENKO

1975Aleksandr Vladimirovich Kiryanov

Taganrog

22/11/2021-

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

Dorogomilovskiy District Court of Moscow, Moscow City 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 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unrecorded detention between 22/11/2021 and 23/11/2021

Art. 5 (4) - excessive length of judicial review of detention - Dorogomilovskiy District Court of Moscow, 24/11/2021, appeal lodged on 25/11/2021, Moscow City Court, 20/01/2022,

1 month and 25 days; Dorogomilovskiy District Court of Moscow, 15/12/2021, appeal lodged on 17/12/2021, Moscow City Court, 25/01/2022, 1 month and 8 days; Dorogomilovskiy District Court of Moscow, 26/01/2022, appeal lodged on 29/01/2022, Moscow City Court, 03/03/2022, 1 month and 3 days

22343/22*

23/03/2022

Aleksey Dmitriyevich MAKUNIN

1998Alla Igorevna Dunayeva

Chelyabinsk

30/04/2021 -

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

Tsentralnyy District Court of Chelyabinsk; Chelyabinsk Regional Court; Sosnovskiy District Court of the Chelyabinsk Region

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;

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

collective detention orders

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage between 02/05/2021 and 07/02/2022, Tsentralnyy District Court of Chelyabinsk (in person) and Chelyabinsk Regional Court through video-link at SIZO-1, Chelyabinsk Region

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 - Tsentralnyy District Court of Chelyabinsk, 04/09/2021, Chelyabinsk Regional Court, 04/10/2021, 30 days; Tsentralnyy District Court of Chelyabinsk, 07/12/2021, Chelyabinsk Regional Court, 19/01/2022, 1 month and 12 days;

Tsentralnyy District Court of Chelyabinsk, 13/01/2022, Chelyabinsk Regional Court, 09/02/2022, 27 days

22346/22*

21/03/2022

Ruslan Fanisovich NURTDINOV

1988

29/10/2018 to

11/10/2021

Naberezhnyye Chelny Town Court of the Tatarstan Republic, Tsentralnyy Circuit Military Court, Appellate Military Court, Fourth Appellate Court, Supreme Court of the Tatarstan Republic

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. 3 - inadequate conditions of detention during transport - van, transit cell, train; 09/03/2021 - 03/12/2021; personal space: 0.25, 0.33, 0.9; overcrowding, lack of fresh air, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, passive smoking

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

23043/22*

12/04/2022

Ruslan Yuryevich YAKOVENKO

1979

16/04/2020 -

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

Tsentralnyy District Court of Kaliningrad, Zelenogradskiy District Court of the Kaliningrad Region, Kaliningrad Regional Court, First 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 examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - use of metal cage in Tsentralnyy District Court of Kaliningrad, Moskovskiy District Court of Kaliningrad, Leningradskiy District Court of Kaliningrad, Zelenogradskiy District Court of Kaliningrad Region, Primorskiy District Court of St Petersburg (video link from SIZO-3 Kaliningrad Region), Kaliningrad Regional Court (including video link from SIZO-3 Kaliningrad Region), First Appeal Court (video link from SIZO-3 Kaliningrad Region; 16/04/2020-pending on the date when the application was lodged with the Court

Art. 5 (4) - excessive length of judicial review of detention - Kaliningrad Regional Court, 08/10/2021, First Appellate Court, 02/11/2021,

25 days; Kaliningrad Regional Court, 01/11/2021, First Appellate Court, 02/12/2021,

1 month and 1 day

23588/22

21/03/2022

Andrey Fedorovich MAYER

1978Vladimir Yevgenyevich Chesnokov

Rostov-on-Don

25/12/2020 -

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

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

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;

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

24950/22*

24/04/2022

Nikita Romanovich KRESHCHUK

1998Oksana Gennadyevna Olgerdt

Moscow

16/09/2021 -

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

Basmannyy District Court of Moscow, Moscow City 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 and repetitiveness of the reasoning employed by the courts as the case progressed

25177/22*

19/03/2022

Vladislav Robertovich AN

1980

06/10/2021 -

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

Kondopoga Town Court of Karelia, Supreme Court of Karelia

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

25370/22

25/04/2022

Oleg Nikolayevich SEREBRENNIKOV

1968Leonid Alekseyevich Solovyev

Moscow

14/07/2020 -

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

Basmannyy District Court of Moscow, Moscow City Court, First Appellate Court

collective detention orders;

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;

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

25520/22

06/05/2022

Vyacheslav Nikolayevich VISHNEVSKIY

1977Kirill Zharinov

Moscow

24/03/2020 -

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

Tsentralnyy District Court of Kemerovo, Kemerovo Regional Court

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

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

Art. 5 (4) - excessive length of judicial review of detention - Tsentralnyy District Court of Kemerovo, 16/12/2021, appeal lodged on 19/12/2021, Kemerovo Regional Court 14/01/2022, 26 days;

Tsentralnyy District Court of Kemerovo, 22/03/2022, appeal lodged on 24/03/2022, Kemerovo Regional Court 14/04/2022, 21 days

25933/22*

18/04/2022

Svetlana Sergeyevna SUS

1996

14/05/2020 to

28/02/2022

Sovetskiy District Court of Kazan, Supreme Court of Tatarstan

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;

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

25953/22*

22/04/2022

Umarali Rakhmatulloyevich TASHRIPOV

1999Natalya Valeryevna Pavlova

Zelenogorsk

09/01/2020 -

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

Sovetskiy District 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;

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

Art. 5 (4) - excessive length of judicial review of detention - Sovetskiy District Court of Krasnoyarsk, 15/10/2021, appeal lodged on 20/10/2021, Krasnoyarsk Regional Court, 23/11/2021, 1 month and 4 days; Sovetskiy District Court of Krasnoyarsk, 10/11/2021, Krasnoyarsk Regional Court 28/12/2021, 1 month and 17 days;

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

26010/22*

29/04/2022

Yevgeniy Aleksandrovich GORBACHEV

1987Timur Ravilevich Sabitov

Moscow

26/10/2021 -

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

Gagarinskiy District Court of Moscow, Moscow City 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

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

26625/22

07/05/2022

Ruslan Shavkatovich SHAMSUNOV

1986

18/10/2020

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

Nizhnekamsk Town Court of the Tatarstan Republic, Supreme Court of the Tatarstan Republic

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

26913/22*

18/05/2022

Viktor Nikolayevich ZUBAREV

1968Vyacheslav Vasilyevich Savin

Stavropol

21/10/2021 -

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

Leninskiy District Court of Stavropol, Stavropol 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

Art. 5 (4) - excessive length of judicial review of detention - Leninsky District Court of Stavropol, 22/10/2021, appeal lodged on 25/10/2021, Stavropol Regional Court, 18/11/2021, 24 days;

Leninsky District Court of Stavropol, 15/12/2021, appeal lodged on 17/12/2021, Stavropol Regional Court, 13/01/2022, 27 days

27269/22*

24/04/2022

Nikolay Vladimirovich PITERKIN

1981

27/05/2020 -

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

Smolninskiy District Court of St Petersburg; St Petersburg City Court

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;

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. 5 (4) - excessive length of judicial review of detention - Smolninskiy District Court, 27/10/2021, appeal lodged on 01/11/2021, St Petersburg City Court, 08/12/2021, 1 month and 6 days

29833/22*

14/05/2022

Leonid Aleksandrovich MELIKHOV

1982Roman Dmitriyevich Pavlov

Moscow

04/08/2021 -

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

Odintsovskiy Town Court of Moscow Region, Moscow City Court

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

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

31646/22

01/06/2022

Eldar Ali Ogly ALIYEV

1968

27/03/2021 -

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

Zheleznodorozhnyy District Court of Krasnoyarsk, 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;

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 - Zhelezhnodorozhnyy District Court of Krasnoyarsk between 28/03/2022 and 23/08/2022,

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

39615/22*

25/07/2022

Maksim Viktorovich RUSAKOV

1977Yuliya Yevgenyevna Fedotova

Yekaterinburg

26/03/2019 -

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

Basmanny District Court of Moscow, Preobrazhenskiy District Court of Moscow, Moscow City Court, First 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 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;

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 - Gagarinskiy District Court of Moscow 22/02/2022, Moscow City Court 13/04/2022,

1 month and 19 days

45441/22

19/08/2022

Arsen Garikovich NERSISYAN

1988Artem Yuryevich Toropov

Moscow

19/01/2022 to

09/08/2022

Chertanovskiy District Court of Moscow, Moscow City 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;

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

46905/22*

05/09/2022

Andrey Aleksandrovich DENISOV

1985Alla Igorevna Dunayeva

Chelyabinsk

12/05/2021 -

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

Tsentralnyy District Court of Chelyabinsk, Kurchatovskiy District Court of Chelyabinsk, Chelyabinsk Regional Court

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

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - multiple instances of placement in a metal cage between 13/05/2021 and 22/07/2022, Tsentralnyy District Court of Chelyabinsk, Kurchatovskiy District Court of Chelyabinsk, Chelyabinsk Regional Court,

Art. 5 (4) - lack of speediness in review of detention orders - Kurchatovskiy District Court of Chelyabinsk, 22/04/2022 - still pending on the date when the application was lodged with the Court;

Kurchatovskiy District Court of Chelyabinsk, 22/07/2022 - still pending on the date when the application was lodged with the Court,

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

48448/22*

04/10/2022

Vitaliy Vitalyevich KOLTSOV

1976Andrey Vasilyevich Sabinin

Stavropol

03/05/2022 -

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

Khamovnicheskiy District Court of Moscow; Moscow City 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;

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

49431/22*

15/09/2022

Maksim Anatolyevich LAVRENTYEV

1981

07/08/2020 -

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

Central District Court of Kemerovo; Kemerovo 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;

collective detention orders

50094/22

29/09/2022

Aleksey Igorevich KURINOV

1986Denis Aleksandrovich Timchenko

Moscow

28/01/2021 -

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

Basmannyy District Court of Moscow, Moscow City Court

fragility of the reasons employed by the courts;

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

50247/22*

08/10/2022

Olga Borisovna SMIRNOVA

1968Mariya Sergeyevna Zyryanova

St Petersburg

05/05/2022 -

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

Kirovskiy District Court of Saint-Petersburg, St-Petersburg City 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 of applying other measures of restraint

Art. 10 (1) - various restrictions on the right to freedom of expression - Between February and March 2022 the applicant published several posts against the war in Ukraine in Vkontakte social network. On 05/05/2022 the applicant was charged with a criminal offence of discrediting the Russian army (Art. 207.3 of the Criminal Code). Proceedings pending on the date when the application was lodged with the Court

128/23*

20/11/2022

Maksim Dmitriyevich AN

1975Yuliya Yevgenyevna Fedotova

St Petersburg

17/11/2020 -

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

Basmannyy District Court of Moscow, Moscow City Court, First Appellate 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;

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

Art. 5 (4) - excessive length of judicial review of detention - Moscow City Court, 12/08/2022, appeal lodged on 15/08/2022, First Appellate Court, 13/09/2022, 29 days

4812/23*

15/01/2023

Aleksey Sergeyevich YANOCHKIN

1979Veronika Valeryevna Polyakova

Moscow

16/09/2021 -

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

Zheleznodorozhnyy District Court of Krasnoyarsk, Basmannyy District Court of Moscow, Moscow City Court, First Appellate 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;

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

6773/23

26/01/2023

Valeriy Nikolayevich GOLUBKIN

1952Mariya Olegovna Eysmont

Moscow

12/04/2021 -

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

Lefortovo District Court of Moscow, Moscow City Court, First 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 of applying other measures of restraint;

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