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Постановление Европейского суда по правам человека от 17.06.2010 «Дело Логвиненко (Logvinenko) против России» [англ.]



(Application No. 44511/04)


(Strasbourg, 17.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 Logvinenko 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,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 27 May 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 44511/04) 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 Russian national, Mr Viktor Anatolyevich Logvinenko ("the applicant"), on 22 November 2004.
2. The applicant was represented by Mr V. Kostyushev, a lawyer practising in Ivanovo. The Russian Government ("the Government") were represented by their Agent, Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that his detention from 23 September to 1 December 2005 had been unlawful and that the length of his pre-trial detention had been in breach of the "reasonable time" requirement.
4. On 9 October 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).
5. 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.


I. The circumstances of the case

6. The applicant was born in 1984 and is serving a prison sentence in the Ivanovo Region.

A. The applicant's arrest and the first set of proceedings

7. On 2 January 2002 the applicant was arrested on suspicion of manslaughter.
8. On 5 January 2002 the prosecutor's office authorised the applicant's detention pending investigation. The applicant's detention was extended on several occasions. The parties did not submit copies of the relevant court orders. According to the Government, when deciding on the applicant's pre-trial detention, the domestic authorities noted that he had been charged with very serious offences, including two counts of manslaughter, and that he might abscond or interfere with administration of justice if released.
9. On 26 June 2003 the Regional Court authorised the applicant's detention pending the study of the case-file. In particular, the court noted:
"...[the applicant] is charged with several criminal offences, including very serious ones. It is still necessary to keep him in custody. The court does not consider it possible to apply any other restrictive measure...
The materials submitted show that... at school [the applicant] received satisfactory references concerning his character. He had a criminal record. In May 2001 he was found guilty by th

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