Постановление Европейского суда по правам человека от 04.11.2010 «Дело Султанов (Sultanov) против России» [англ.]

Russian Federation No. 22 of 29 October 2009, when dealing with matters concerning detention pending extradition Russian courts should comply with the requirements of Article 108 of the CCP and that detention with a view to extradition could be extended only in compliance with the requirements of Article 109 of the CCP (see paragraphs 53 - 56 above).
85. In a number of its recent judgments the Court has already found that the provisions of Russian law governing detention of persons with a view to extradition were neither precise nor foreseeable in their application and fell short of the "quality of law" standard required under the Convention (see, for example, Nasrulloyev v. Russia, No. 656/06, § 72, 11 October 2007; Ismoilov and Others, cited above, § 142; Muminov, cited above, § 122; and Khudyakova v. Russia, No. 13476/04, § 73, 8 January 2009).
86. The Court upholds the findings made in the above-mentioned cases and finds that, in spite of the Government's references to the contrary, the absence of clear legal provisions establishing the procedure for ordering and extending detention with a view to extradition and setting time-limits for such detention, the deprivation of liberty to which the applicant was subjected was not circumscribed by adequate safeguards against arbitrariness. In particular, the Court observes that neither of the detention orders to which the applicant referred set any time-limit for his detention (see paragraphs 18 and 19 above). Under the provisions governing the general terms of detention (Article 108 of the CCP), the time-limit for detention pending investigation was fixed at two months. A judge could extend that period to up to six months. Further extensions could only be granted by a judge if the person was charged with serious or particularly serious criminal offences. However, upon the expiry of the maximum initial detention period of two months (Article 109 § 1 of the CCP), no extension was granted by a court in the present case. The applicant was detained pending extradition from 17 June 2008 until 23 April 2010, that is for more than twenty-two months. During that period neither any decisions concerning his detention were taken by the prosecutor's office nor were any requests for extension of his detention lodged with domestic courts. Thus, the national system failed to protect the applicant from arbitrary detention, and his detention cannot be considered "lawful" for the purposes of Article 5 § 1 of the Convention.
87. In view of the above, the Court finds that the applicant's detention during the period in question was unlawful and arbitrary, in violation of Article 5 § 1.
(b) Article 5 § 4 of the Convention
88. The Court reiterates that the purpose of Article 5 § 4 is to assure to persons who are arrested and detained the right to judicial supervision of the lawfulness of the measure to which they are thereby subjected (see, mutatis mutandis, De Wilde, Ooms and Versyp v. Belgium, 18 June 1971, § 76, Series A No. 12). A remedy must be made available during a person's detention to allow that person to obtain speedy judicial review of the lawfulness of the detention, capable of leading, where appropriate, to his or her release. The existence of the remedy required by Article 5 § 4 must be sufficiently certain, not only in theory but also in practice, failing which it will lack the accessibility and effectiveness required for the purposes of that provision (see, mutatis mutandis, Stoichkov v. Bulgaria, No. 9808/02, § 66 in fine, 24 March 2005, and Vachev v. Bulgaria, No. 42987/98, § 71, ECHR 2004-VIII (extracts)). The accessibility of a remedy implies, inter alia, that the circumstances voluntarily created by the authorities must be such as to afford applicants a realistic possibility of using the remedy (see, mutatis mutandis, {Conka}, cited above, §§ 46 and 55).
89. The Court is not persuaded by the Government&



> 1 2 3 ... 12 13 14 15 ... 16

	Поделиться:	Tweet