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





ministrative offences.
24. On 29 June 2007 the Tverskoy District Court extended the applicant's detention until 6 August 2007. The court found that the case involved several defendants and was complex. Some of the defendants had been at large for a long time and some accomplices had not yet been identified. The complexity of the case justified the length of the applicant's detention. Given the gravity of the charges against the applicant, his record of administrative offences and his unemployment, he might abscond or interfere with the establishment of the truth in some other way if released.
25. In his appeal submissions the applicant repeated his arguments that the District Court's conclusions had not been supported by relevant facts, while he had produced a personal guarantee from a member of Parliament and had demonstrated that he had positive references. He also argued that the case was not complex and claimed that his detention had exceeded "a reasonable time". On 1 August 2007 the Moscow City Court upheld the extension order on appeal, finding that it had been lawful and justified.
26. On an unspecified date the defendants were again committed for trial.
27. On 26 July 2007 the Taganskiy District Court scheduled a preliminary hearing for 8 August 2007 and ordered that the defendants should remain in custody in the meantime. The court found that the defendants had been charged with a serious offence committed by an organised group, some members of which had not yet been identified, and concluded that they might abscond or intimidate the victims and witnesses. It further noted that the defendants' assurances that they had no intention of absconding were unconvincing, and held that there was no reason to apply a more lenient preventive measure.
28. On 8 August 2007 the Taganskiy District Court held a preliminary hearing and ordered that all the defendants should remain in custody for the same reasons as before.
29. On 12 September 2007 the applicant and his co-defendants lodged applications for release with the Taganskiy District Court. On the same day the Taganskiy District Court rejected the applications. It noted that the defendants' arguments had already been examined and rejected many times when the extension orders had been issued. It found that the grounds for the defendants' detention mentioned in the extension orders were still pertinent and that it was still necessary to hold them in custody. The defendants had been charged with a serious criminal offence committed by an organised group, some members of which had not yet been identified. Given the gravity of the charges against them, they might abscond, reoffend or interfere with the establishment of the truth if released.
30. On 26 December 2007 the Taganskiy District Court extended the defendants' detention until 12 April 2008. It found that the grounds for their detention mentioned in the previous extension orders were still pertinent and that a risk remained of their absconding, reoffending or obstructing justice. The court also noted that the defendants' arguments about the absence of corpus delicti in their actions and about the lack of evidence of their involvement in the commission of the offence in question were without substance because, in extending the defendants' detention, the court could not make any findings as to their guilt or innocence.
31. On 24 March 2008 the Taganskiy District Court convicted the defendants as charged and sentenced the applicant to two years and six months' imprisonment.

II. Relevant domestic law

32. Since 1 July 2002 criminal law matters have been governed by the Code of Criminal Procedure of the Russian Federation (Law No. 174-FZ of 18 December 2001).
33. "Preventive measures" (меры пресечения) include an undertaking not to leave a town or regi



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