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

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ANANYIN v. RUSSIA
(Application No. 13659/06)

JUDGMENT <*>

(Strasbourg, 30.VII.2009)

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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 Ananyin v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Nina {Vajic} <*>, President,
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<*> 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:

PROCEDURE

1. The case originated in an application (No. 13659/06) 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 Konstantinovich Ananyin ("the applicant"), on 14 February 2006.
2. The applicant was represented by Mr V. Apalkov, a lawyer practising in Volgograd. 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 in particular that he had been detained in inhuman conditions and that his detention had been excessively long and had not been attended by appropriate procedural guarantees.
4. On 4 February 2008 the President of the First Section decided to communicate the above complaints 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).
5. The Government objected to the joint examination of the admissibility and merits of the application. Having examined the Government's objection, the Court dismissed it.

THE FACTS

I. The circumstances of the case

6. The applicant was born in 1973 and lives in Volgograd.

A. Criminal proceedings against the applicant

1. Theft charge

7. On 20 September 2002 the applicant was arrested and charged with several counts of theft.
8. On 9 February 2004 the Gorodishchenskiy District Court convicted the applicant as charged and sentenced him to one year and eight months' imprisonment starting from 20 September 2002.
9. On 20 May 2004 the applicant completed his sentence.

2. Charges of membership of an armed criminal gang,
robbery, extortion, kidnapping, infliction
of serious injuries and murder

10. On 29 April 2003 the Tsentralniy District Court of Volgograd remanded the applicant in custody on suspicion of infliction of serious injuries. It referred to the gravity of the charge.
11. On an unspecified date the applicant was charged with membership of an armed criminal gang, several counts of aggravated robbery, extortion, kidnapping, infliction of serious injuries and murder.
12. On 19 June 2003 the Tsentralniy District Court extended the applicant's detention until 10 September 2003, refe

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