Постановление Европейского суда по правам человека от 18.06.2009 «Дело Штейн (Shteyn (Stein)) против России» [англ.]

e-limit, the judge also decided to maintain the applicant in detention. The prosecution appealed against the decision to return the case to the prosecutor. The appeal was rejected by the Supreme Court on 27 April 2006. Having noted that the applicant did not challenge the above remand decision, the Supreme Court upheld the preventive measure. The case file was returned to the prosecutor and then the investigator on 29 and 31 May 2006 respectively.
14. In the meantime, on 14 March 2006 the Supreme Court upheld the order of 29 December 2005 (see paragraph 11 above) in the following terms:
"...the investigator's extension request had been approved by the deputy Prosecutor General...In view of the gravity of the charges against Mr Sergeyev ...the Regional Court found no reasons for release... the detention was extended to allow him to study the case file."
15. On 31 May 2006 the applicant asked the governor of the remand centre to release him, considering that there was no valid court order authorising his continued detention. The governor replied that the applicant's detention was lawful under the order of 13 February 2006.
16. On 1 June 2006 the investigator removed Mr F, counsel for the applicant, from the proceedings on the ground that he had previously advised another party to the proceedings. The investigator appointed Mr S instead. On 2 June 2006 the Regional Court dismissed an objection by the applicant to this new counsel (see also paragraph 19 below). Having heard the parties, it extended, with reference to Article 109 of the CCrP, the applicant's detention until 29 July 2006 so that the total period of detention under Article 109 of the CCrP would be sixteen months and twenty-four days. The court stated as follows:
"...the reasons for the repeated extensions of [the applicant's] detention still obtain; he has been charged with various offences...when he was arrested he had his permanent place of residence in Germany..., the court considers that if at large [the applicant] would abscond or continue his criminal activity...In view of the gravity of the charges against him and because the investigator needs more time, there are exceptional circumstances warranting the extension of [the applicant's] detention..."
17. On 5 June 2006 the applicant appealed against that extension order. He submitted further statements of appeal on 7, 13 and 19 June 2006. According to the Government, copies of those statements were sent to "the other parties to the proceedings" for comment by 21 July 2006. On 26 July 2006 the detention file was dispatched from Tomsk to Moscow, where the Supreme Court is situated. The latter received it on 3 August 2006. On 22 September 2006 the Supreme Court upheld the extension order of 2 June 2006 endorsing its reasoning. It indicated that the detention order had been issued under Article 109 § 7 of the CCrP and the relevant request had to be approved by the regional prosecutor, which had been done. It accepted that the first-instance court had established the exceptional circumstances warranting an extension within the eighteen months' statutory period. It appears that the applicant obtained a copy of the appeal decision on 23 November 2006.
18. In the meantime, on 26 July 2006 the Regional Court extended the applicant's detention further to 29 September 2006 with reference to Article 109 § 7 of the CCrP. It appears that the judge refused to consider his offer of RUB 340,000 as surety for bail. On 7 September 2006 the prosecutor resubmitted the criminal case for trial.
19. On 19 September 2006 the judge returned it to the prosecutor again indicating that the applicant had not been afforded adequate time to choose counsel on 2 June 2006 (see paragraph 16 above). On 26 September 2006 the Regional Court extended the applicant's detention until 29 November 2006. On an unspecified date the case

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