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

estic authorities would have been able to finalise the case much faster. The applicant argued that the delays were due mostly to the errors committed by the investigation authority and the subsequent remittals of the case for additional investigation to the prosecution. According to the applicant, the defendants' lawyers could not be held responsible for the errors committed by the prosecution and that more generally any delays resulting from the conduct of the defence counsel were minor and insignificant.

2. The Court's assessment

173. The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case and the conduct of the applicant and the relevant authorities (see, among other authorities, {Pelissier} and Sassi v. France [GC], No. 25444/94, § 67, ECHR 1999-II). Article 6 is, in criminal matters, designed to ensure that a person charged does not remain too long in a state of uncertainty about his fate (see Nakhmanovich v. Russia, No. 55669/00, § 89, 2 March 2006, and Taylor v. the United Kingdom (dec.), No. 48864/99, 3 December 2002). The Court considers that much was at stake for the applicant in the present case, bearing in mind that he risked imprisonment and was detained pending the proceedings.
174. The Court observes that the period under consideration in the present case began on 26 February 2004, when the applicant was arrested, and ended on 21 June 2007, when the appeal decision was issued. It follows that the criminal proceedings against the applicant lasted for almost three years and four months before two instances, during which the applicant remained detained. The Court has examined the applicant's complaint, bearing in mind that it essentially concerned the trial proceedings (see Dawson v. Ireland (dec.), No. 21826/02, 8 July 2004). He made no submissions in relation to the investigative stage of the proceedings. The Court finds no reason to hold that there were any unjustified substantial delays during the investigation.
175. The trial proceedings lasted from 27 January 2005 to 14 November 2006, that is for one year, nine months and seventeen days. They were followed by the appeal proceedings, which ended on 21 June 2007.
176. The Court accepts that the case revealed a certain degree of complexity; it concerned nine defendants who had been charged with several counts of serious criminal offences. While admitting that the task of the national authorities was rendered more difficult by these factors, the Court cannot accept that the complexity of the case, taken on its own, is such as to justify the length of the proceedings.
177. As to the applicant's conduct, the Court reiterates that an applicant cannot be required to co-operate actively with the judicial authorities, nor can he be criticised for having made full use of the remedies available under the domestic law in the defence of his interests (see, among other authorities, Rokhlina v. Russia, No. 54071/00, § 88, 7 April 2005). The Court cannot uphold the Government's argument that the applicant went beyond the limits of legitimate defence by lodging unsubstantiated requests. It appears that the absence or illness of the applicant's counsel was the cause of a short delay. Nonetheless, the Court finds that the applicant has not contributed significantly to the length of the proceedings.
178. On the other hand, the Court considers that certain delays were attributable to the domestic authorities, in particular those following the judge's decisions on 27 January and 19 July 2005 to return the case to the prosecutor. On both occasions, the remittals were caused by mistakes committed by the investigation authorities and resulted in an overall delay of around five months. The Court also observes

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