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Постановление Европейского суда по правам человека от 24.06.2010 «Дело Велиев (Veliyev) против России» [англ.]



EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF VELIYEV v. RUSSIA
(Application No. 24202/05)

JUDGMENT <*>

(Strasbourg, 24.VI.2010)

--------------------------------
<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Veliyev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
--------------------------------
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 3 June 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 24202/05) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a national of the Republic of Azerbaijan, Mr Tudzhar Ali ogly Veliyev on 27 June 2005.
2. The applicant was represented by Mr F.V. Bagryanskiy, Mr M.V. Ovchinnikov and Mr A.V. Mikhaylov, lawyers practising in the town of Vladimir. The Russian Government ("the Government") were represented by Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights, and subsequently by their Representative, Mr G. Matyushkin.
3. The applicant alleged, in particular, that the conditions of his detention during criminal proceedings had been appalling, that his detention on remand had been unlawful, too lengthy and otherwise irregular, and that the criminal proceedings against him had been too lengthy.
4. On 15 January 2008 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3). The President made a decision on priority treatment of the application (Rule 41 of the Rules of Court).
5. The Government of the Republic of Azerbaijan, having been informed by the Registrar of the right to intervene (Article 36 § 1 of the Convention), did not avail themselves of this right.
6. The Government objected to the joint examination of the admissibility and merits of the application. Having examined the Government's objection, the Court dismissed it.

THE FACTS

I. The circumstances of the case

7. The applicant was born in 1964 and previously resided in the town of Baku, in the Republic of Azerbaijan.
8. He is currently serving a sentence of imprisonment in penitentiary establishment IK-4 in the town of Vyazniki of the Vladimir Region, Russia.

A. Criminal proceedings in respect of the applicant

1. The applicant's arrest and detention
order of 28 February 2004

9. On 26 February 2004 the applicant was arrested on suspicion of having taken part in multiple episodes of organised armed robbery, along with eight other people.
10. Since that date he has remained in custody.
11. On 28 February 2004 the Frunzenskiy District Court of the town of Vladimir ("the District Court"), having heard submissions from a prosecutor and from the applicant in person, authorised the applicant's arrest and pre-



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