Постановление Европейского суда по правам человека от 23.02.2010 «Дело Сычев (Sychev) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

THIRD SECTION

CASE OF SYCHEV v. RUSSIA
(Application No. 14824/02)

JUDGMENT <*>

(Strasbourg, 23.II.2010)

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<*> 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 Sychev v. Russia,
The European Court of Human Rights (Third Section), sitting as a Chamber composed of:
Josep Casadevall, President,
Elisabet Fura,
{Bostjan M. Zupancic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Alvina Gyulumyan,
Egbert Myjer,
Luis {Lopez} Guerra, judges,
and Santiago Quesada, Section Registrar,
Having deliberated in private on 2 February 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 14824/02) 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 Oleg Ivanovich Sychev ("the applicant"), on 15 March 2002.
2. The applicant was represented by Mr V. Postnikov, a lawyer practising in the town of Tyumen. The Russian Government ("the Government") were represented by Mr P. Laptev, former Representative of the Russian Federation at the European Court of Human Rights.
3. On 15 September 2005 the President of the Third Section decided to give notice of the application and decided to communicate to the Government the complaints concerning the lawfulness of the applicant's detention on remand, its allegedly excessive length and the length of proceedings in his criminal case. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. The circumstances of the case

4. The applicant was born in 1959 and lives in the town of Novyy Urengoy, the Tyumen Region.
5. The applicant is a military serviceman with the rank of Lieutenant Colonel. Between 1996 and 2000 he was employed as the head of road construction department No. 1393 in the Tyumen Garrison.

A. The applicant's arrest and the subsequent investigation

6. On 2 June 2000 the Military Prosecutor of the Tyumen Garrison ("the prosecutor") brought criminal proceedings against the applicant on suspicion of aggravated theft.
7. The applicant was arrested and searched on the same date. The arrest warrant mentioned the existence of witnesses who had indicated the applicant's involvement in criminal activity.
8. On that date police officer Pe. reported that the applicant had actively resisted arrest and that the police had had recourse to physical force to apprehend him. It does not appear that the report was ever mentioned by the courts in their assessment of the need to detain the applicant on remand pending the criminal proceedings.
9. On 5 June 2000 the prosecutor also initiated proceedings in respect of the applicant on suspicion of aggravated fraud.
10. On the same date the applicant was officially charged with several counts of theft and fraud, abuse of power and obstructing the course of justice and the preliminary investigation.
11. On 6 July he was also charged with bribery.

B. The detention order of 5 July 2000

12. On 5 July 2000 the prosecutor authorised the appl

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