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

efence rights had been violated. In the same decision the Supreme Court held that the measure of restraint applied to the co-defendants, including the applicant, should "remain unchanged" due to the gravity of the charges against them.
17. On 13 June 2001 the Supreme Court of the Russian Federation, acting on appeals from the applicant's co-defendants, upheld the decision of 20 March 2001, endorsing the reasons given by the lower court.
18. On 20 July 2001 the acting Prosecutor of the Tyva Republic, relying on the gravity of the charges and the defendants' liability to abscond, pervert the course of justice and re-offend, in a single decision, extended the applicant's and his co-defendants' detention until 20 August 2001. A further extension until 20 September 2001 was ordered by a deputy Prosecutor General of the Russian Federation, with reference to the same grounds.

F. Third round of additional investigation.
Further extension of the applicant's detention
and trial proceedings

19. On 14 September 2001 the prosecution authorities returned the case file to the Supreme Court of the Tyva Republic, which on 2 October 2001 remitted the case again for additional investigation, noting serious violations of the defence rights, which had not been remedied during the previous referral of the case file to the prosecution authorities. The Supreme Court also noted that the defendants should remain in custody, given the gravity of the charges against them.
20. Having received the case file, on 11 October 2001 the first deputy prosecutor of the Tyva Republic extended the applicant's and co-defendants' detention until 11 November 2001, relying on the previously used grounds, namely the gravity of the charges and the defendants' liability to abscond, reoffend and pervert the course of justice.
21. On 8 November 2001 the additional investigation ended and the Supreme Court of the Tyva Republic received the case file. It fixed the first hearing for 6 December 2001. As follows from copies of court minutes presented by the Government, the hearing of 6 December 2001, and the following hearings scheduled for 10 January and 12 March 2002, were adjourned because the presiding judge was involved in other unrelated proceedings.
22. In the meantime, the composition of the bench changed: a new presiding judge and lay assessor were assigned to the case. Between 12 March and 13 June 2002 the Supreme Court of the Tyva Republic fixed five hearings, of which three were adjourned because the co-defendants' lawyers failed to appear, one hearing was rescheduled because the victims did not attend and one hearing was adjourned because it was necessary to serve a co-defendant with a copy of the indictment bill in a language he understood.

G. Decision of 13 June 2002 to refer
the case for additional investigation

23. On 13 June 2002 the Supreme Court of the Tyva Republic, having found that the prosecution authorities had committed serious procedural violations at the indictment stage, referred the case back for additional investigation with an order to respect the rights of the defendants, including their right to the services of an interpreter, etc. The Supreme Court also stressed that the defendants should remain in detention.
24. On 15 November 2002 the Supreme Court of the Russian Federation quashed the decision of 13 June 2002 in the part concerning the referral of the case for additional investigation and sent the case for examination on the merits by the Supreme Court of the Tyva Republic. At the same time the Supreme Court of the Russian Federation held that there were no grounds to change the measure of restraint applied to the defendants and that they should therefore remain in custody.

H. New round of trial proceedings

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