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Постановление Европейского суда по правам человека от 29.04.2010 «Дело Юрий Яковлев (Yuriy Yakovlev) против России» [англ.]



(Application No. 5453/08)


(Strasbourg, 29.IV.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 Yakovlev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Nina {Vajic} <*>, President,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Giorgio Malinverni,
George Nicolaou, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 30 March 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 5453/08) 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 Yuriy Yevgenyevich Yakovlev ("the applicant"), on 11 December 2007.
2. The applicant was represented by Mr S. Antonov, a lawyer practising in Moscow. The Russian Government ("the Government") were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant complained, in particular, that the length of his detention was excessive.
4. On 5 June 2009 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). Further to the applicant's request, the Court granted priority to the application (Rule 41 of the Rules of Court).


I. The circumstances of the case

5. The applicant was born in 1951 and lived in Moscow until his arrest.

A. Applicant's arrest and authorisation of his detention

6. On 10 November 2006 the Prosecutor General's office instituted criminal proceedings on charges of aggravated bribery and abuse of position against a number of officials of the Federal Mandatory Health Insurance Fund ("the Fund"), including the applicant. The latter was employed as the first deputy director of the Fund until August 2006, when he resigned.
7. The applicant was not arrested, as on 24 November 2006 he gave a written undertaking to comply with investigators' orders and summons. During the subsequent eight months he fully complied with the written undertaking and actively participated in the criminal investigation, attending investigative actions whenever summoned by the Prosecutor General's office (at least fifteen times in eight months).
8. On 2 July 2007 the deputy head of the Trade Security Service of the Federal Security Service ("the FSB"), lieutenant-general V., sent a letter to a senior investigator of the Prosecutor General's Office responsible for the applicant's criminal case. The relevant part of the letter read as follows:
"[We] have received information that the former first deputy director of the Fund, [the applicant], if informed that documents [for his arrest] are being prepared, will take steps similar to those [taken] in November 2006 when he, having used his extensive connections in medical institutions, admitted himself to a ho

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