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Постановление Европейского суда по правам человека от 09.07.2009 «Дело Авдеев и Веряев (Avdeyev and Veryayev) против России» [англ.]



(Application No. 2737/04)


(Strasbourg, 9.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 Avdeyev and Veryayev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 18 June 2009,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 2737/04) 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 two Russian nationals, Mr Aleksandr Vladimirovich Avdeyev and Mr Yevgeniy Nikolayevich Veryayev ("the applicants"), on 30 November 2003.
2. The applicants, who had been granted legal aid, were represented by Ms E. Polyutskaya and Ms N. Vedmenskaya, lawyers practising in Moscow. The Russian Government ("the Government") were represented Mr P. Laptev and Mrs V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicants alleged, in particular, that they had been detained unlawfully for a long time without any valid reasons.
4. On 14 November 2006 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).
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.


I. The circumstances of the case

6. The applicants were born in 1975 and 1971, respectively, and live in the town of Sasovo in the Ryazan Region.

A. Institution of criminal proceedings
and conviction on 9 April 2003

7. On 12 July 2001 the brother of the first applicant had a fist fight with Mr K. Several persons, including Mr L., witnessed the fight and were brought to the Sasovo District police station for questioning. The applicants, investigators in the Sasovo District Police Department at the material time, invited Mr L. into an office and urged him to change his statements about the fight. In response to Mr L.'s refusal, the applicants, who were intoxicated, beat him up. The first applicant dragged Mr L. outdoors, forced him into a car, drove him to a cemetery and left him there.
8. Criminal proceedings were instituted against the applicants upon Mr L.'s complaints. They were charged with aggravated abuse of position. The applicants were not remanded in custody as they had given written undertakings not to leave the town.
9. On 9 April 2003 the Sasovo District Court of the Ryazan Region found the applicants guilty as charged and sentenced the first applicant to three years and six months' imprisonment and the second applicant to three years' imprisonment. The applicants were take

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