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Постановление Европейского суда по правам человека от 30.07.2009 «Дело Алехин (Alekhin) против России» [англ.]







EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ALEKHIN v. RUSSIA
(Application No. 10638/08)

JUDGMENT <*>

(Strasbourg, 30.VII.2009)

--------------------------------
<*> 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 Alekhin 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,
Sverre Erik Jebens,
Giorgio Malinverni, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 7 July 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 10638/08) 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 Aleksandr Aleksandrovich Alekhin ("the applicant"), on 24 January 2008.
2. The applicant was represented by Mr S. Vasilyev, a lawyer practising in St Petersburg. The Russian Government ("the Government") were initially represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights, and subsequently by their Representative, Mr G. Matyushkin.
3. The applicant alleged that he had not received adequate medical care in the remand centre, that he had been transported in inhuman conditions, that his detention pending trial had been excessively long and had not been attended by appropriate procedural guarantees, that he had no enforceable right to compensation for his detention in contravention of Article 5 §§ 3 and 4, that the criminal proceedings against him had been excessively long, that family visits had been restricted, and that he had not had adequate remedies at his disposal for the above complaints.
4. On 26 March 2008 the President of the First Section decided to communicate 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).

THE FACTS

I. The circumstances of the case

5. The applicant was born in 1969 and lives in St Petersburg.
6. The applicant suffers from chronic hypertension and ischaemic heart disease and had ischaemic strokes on 29 December 2006 and 6 March 2007.

A. Criminal proceedings against the applicant

1. The investigation and trial

7. On 22 November 2005 six persons, including the applicant, were charged with unlawful business activities and money laundering, offences under Articles 172 § 2 and 174.1 § 4 of the Criminal Code. The applicant was accused of unlawful business practices carried out through several companies over a long period of time.
8. The applicant retained two lawyers who represented him during the investigation and trial.
9. On 27 September 2007 the investigation was completed and the case was referred for trial before the Moskovskiy District Court of St Petersburg.
10. On 9 October 2007 the Moskovskiy District Court fixed a preliminary hearing for 19 October 2007. It ordered that the applicant



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