Постановление Европейского суда по правам человека от 04.11.2010 «Дело Султанов (Sultanov) против России» [англ.]

#039;s argument that the applicant had obtained judicial review of his detention by complaining on 24 June 2009 that his detention was unlawful and he was able to obtain judicial review (see paragraph 23 above). The applicant sought to argue before the courts that his detention had ceased to be lawful after the expiry of the time-limit established by Article 109 of the Code of Criminal Procedure. By virtue of Article 5 § 4 he was entitled to apply to a "court" having jurisdiction to decide "speedily" whether or not his deprivation of liberty had become "unlawful" in the light of new factors which emerged subsequently to the decision on their initial placement in custody (see, mutadis mutandis, Weeks v. the United Kingdom, 2 March 1987, §§ 55-59, Series A No. 114).
90. The applicant's complaint concerning the review of his detention was rejected by the domestic courts as incompatible with Chapter 13 of the Criminal Procedure Code, which provided for judicial review of complaints against measures of restraint conferring the standing to bring such a complaint solely to "the suspects and the accused against whom the Russian authorities initiated criminal proceedings". Tverskoy District Court refused to recognise the applicant's position as a party to criminal proceedings on the ground that there was no criminal case against him in Russia and that the maximum terms of his detention pending extradition had not expired (see paragraph 24 above).
91. The Court notes that in their observations the Government did not suggest any avenues for the judicial examination of the applicant's requests for the review of his detention other than vaguely referring to Chapter 16 of the Code of Criminal Procedure which regulated judicial complaints by parties to the criminal proceedings against unlawful actions of officials (see paragraph 46 above). However, in this regard Court would like to stress, leaving aside the vagueness of the Government's reference to these provisions, that it has already found in a number of cases that Article 125 of the Code of Criminal Procedure cannot be considered as providing an avenue for judicial complaints by persons detained pending extradition (see Nasrulloyev, cited above, §§ 88 - 89, and Ryabikin v. Russia, No. 8320/04, § 139, 19 June 2008). In these cases the applicants were in similar situations, and it was established that they had no formal status under national criminal law because there was no criminal case against them in Russia, and they could not therefore have judicial review of the lawfulness of their detention pending extradition.
92. It follows that throughout the term of the applicant's detention he did not have at his disposal any procedure through which the lawfulness of his detention could have been examined by a court. There has therefore been a violation of Article 5 § 4 of the Convention.

III. Alleged violation of Article 6 § 2 of the Convention

93. The applicant alleged that the wording of the extradition decision of 18 September 2008 taken by the Russian Prosecutor General's Office and the District Court's refusal of 23 April 2010 to impose house arrest on him violated the presumption of his innocence.
94. The Government contested that argument.
95. The Court notes that the decision of 18 September 2008 to extradite the applicant and the court decision of 23 April 2010 clearly referred to the documents submitted by the Uzbek authorities by which he had been charged with the imputed offences and it was construed so as to describe the charges pending against the applicant in Uzbekistan (see paragraph 10 above). In such circumstances the Court does not consider that the statements by the Russian prosecutor's office and the District Court amounted to a declaration of the applicant's guilt, but rather described the "state of suspicion" which had served as the ba

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