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





and needed constant medical supervision. He submitted a medical certificate of 22 March 2007 indicating that detention was incompatible with his state of health, and a medical certificate of 7 June 2007 indicating that he suffered from complications after an ischaemic stroke and required complex rehabilitation treatment. He was diagnosed with chronic cerebrovascular disease, right hemiplegia (paralysis of the right part of the body), motor aphasia (a deficit in speech production or language output, often accompanied by a deficit in communicating by writing, signs, etc.), ischaemic heart disease, hypertension and stenocardia. He complained that he was receiving insufficient treatment in the prison hospital and argued that it was necessary for him to undergo examinations and follow treatment in a civil hospital with a higher standard of care. He further submitted that his illness made him unable to abscond or intimidate witnesses.
33. On 7 June 2007 the St Petersburg City Court held a hearing. The applicant was brought to the courtroom on a stretcher accompanied by a doctor and assisted by a sign-language interpreter. The court extended the applicant's detention until 13 August 2007, finding that he might abscond, reoffend or intimidate the witnesses. It found that the information in the medical certificate of 22 March 2007 was outdated, while the certificate of 7 June 2007 did not mention that the applicant's state of health was incompatible with detention. He was being held in the prison hospital where he received adequate medical care and was under constant medical supervision.
34. On 9 August 2007 the St Petersburg City Court extended the applicant's detention until 10 October 2007 for the same reasons as before. It noted that it had already examined and rejected the applicant's arguments about his poor health in the decision of 7 June 2007. The applicant had not submitted evidence that his health had deteriorated since.
35. The applicant appealed. The St Petersburg City Court received the appeal submissions on 14 August 2007 and sent them to the investigator, inviting him to submit comments. The investigator submitted his comments on 24 August 2007. On 29 August 2007 the appeal submissions and the comments received were forwarded to the Supreme Court of the Russian Federation. The Supreme Court received them on 5 September 2007.
36. On 4 October 2007 the Supreme Court examined the applicant's appeal submissions and upheld the extension order, finding that it had been lawful and justified.
37. On 9 October 2007 the Moskovskiy District Court of St Petersburg accepted the case for trial and ordered that the applicant should remain in custody. It noted that on 3 July 2007 the applicant had been discharged from hospital and that his health was satisfactory. He had however remained in hospital pending his transfer to the remand centre. The court ordered that the applicant be immediately transported from the prison hospital to remand centre SIZO-3 in St Petersburg.
38. On 7 November 2007 the Moskovskiy District Court ordered that the applicant remain in custody pending trial. The court rejected the applicant's request for release, referring to the gravity of the charges and to the fact that he was receiving the requisite medical care in the remand centre. It also rejected the prosecutor's request for the applicant's transfer to another remand centre. It took note of the prosecutor's arguments that such transfer was necessary to ensure better medical assistance. It found, however, that it had no competence to decide in which remand centre the applicant should be held. It further mentioned that on 4 October 2007 it had, at the request of remand centre SIZO-3, applied to the competent authority, namely the regional office of the Federal Department for the Execution of Sentences, with a request to transfer the applicant to another



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