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Постановление Европейского суда по правам человека от 30.07.2009 «Дело Сергей Медведев (Sergey Medvedev) против России» [англ.]



(Application No. 3194/08)


(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 Sergey Medvedev 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,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 7 July 2009,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 3194/08) 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 Sergey Sergeyevich Medvedev ("the applicant"), on 21 November 2007.
2. The applicant was represented by Mr M. Stepanov, a lawyer practising in Moscow. 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 his detention on remand had been unlawful and excessively long.
4. On 30 April 2008 the President of the First Section decided to communicate the complaint about the allegedly excessive length of detention 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).


I. The circumstances of the case

5. The applicant was born in 1983 and lives in the Moscow region.

A. Background information

6. The applicant was a member of a public association, the National Bolshevik Party. On 15 November 2005 the Supreme Court of the Russian Federation ordered its dissolution. On 19 January 2006 the Federal Registration Service of the Ministry of Justice refused an application for registration of a political party under the same name. Party members challenged the refusal before the Taganskiy District Court of Moscow.
7. On 13 April 2006 fifteen party members, including the applicant, attended the Taganskiy District Court for a hearing concerning the refusal to register the National Bolshevik Party. The applicant alleged that near the court building they had been attacked by a group of forty people and had had to defend themselves. According to the Government, the party members, including the applicant, had assaulted passers-by with gas guns and rubber truncheons.

B. Criminal proceedings against the applicant

8. On 15 May 2006 the applicant attended an assembly of members of the National Bolshevik Party. The police broke down the door and arrested him.
9. On 16 May 2006 the applicant was charged with participation in mass disorder, involving the use of gas guns and assault and battery, an offence under Article 213 § 2 of the Criminal Code.
10. The investigator applied to the Tve

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