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

e or she has committed, in the territory of the other Contracting Party, an offence entailing extradition. The other Contracting Party must be immediately informed of the arrest (Article 61).
44. A person arrested under Article 61 must be released if no request for extradition is received within forty days of the arrest (Article 62 § 1).

4. The Code of Criminal Procedure

45. Chapter 13 of the Russian Code of Criminal Procedure ("Preventive measures") governs the use of preventive measures (меры пресечения), which include, in particular, placement in custody. Custody may be ordered by a court on an application by an investigator or a prosecutor if a person is charged with an offence carrying a sentence of at least two years' imprisonment, provided that a less restrictive preventive measure cannot be used (Article 108 §§ 1 and 3). The period of detention pending investigation may not exceed two months (Article 109 § 1). A judge may extend that period to six months (Article 109 § 2). Further extensions to twelve months, or in exceptional circumstances eighteen months, may be granted only if the person is charged with serious or particularly serious criminal offences (Article 109 § 3). No extension beyond eighteen months is permissible and the detainee must be released immediately (Article 109 § 4).
46. Chapter 16 ("Complaints about acts and decisions by courts and officials involved in criminal proceedings") provides for the judicial review of decisions and acts or failures to act by an investigator or a prosecutor that are capable of adversely affecting the constitutional rights or freedoms of parties to criminal proceedings (Article 125 § 1). The court must examine the complaint within five days of its receipt.
47. Chapter 54 ("Extradition of a person for criminal prosecution or execution of sentence") regulates extradition procedures. On receipt of a request for extradition not accompanied by an arrest warrant issued by a foreign court, a prosecutor must decide on the preventive measure to be applied to the person whose extradition is sought. The measure must be applied in accordance with the established procedure (Article 466 § 1). A person who has been granted asylum in Russia because of possible political persecution in the State seeking his extradition may not be extradited to that State (Article 464 § 1 (2)).
48. An extradition decision made by the Prosecutor General may be challenged before a court. Issues of guilt or innocence are not within the scope of judicial review, which is limited to an assessment of whether the extradition order was made in accordance with the procedure set out in the relevant international and domestic law (Article 463 §§ 1 and 6).

5. The Code of Civil Procedure

49. A person may apply for judicial review of decisions and acts or failures to act by a State body or a State official that are capable of violating his or her rights or freedoms, hindering the exercise of his or her rights and freedoms, or imposing an obligation or liability unlawfully (Articles 254 § 1 and 255). If the court finds the application well-founded, it must order the State body or State official concerned to remedy the violation or remove the obstacle to the exercise of the rights and freedoms in question (Article 258 § 1).

6. Case-law of the Constitutional Court

(a) Constitutional Court decision No. 292-O of 15 July 2003
50. On 15 July 2003 the Constitutional Court issued decision No. 292-O concerning a complaint by Mr Khudoyorov of ex post facto extension of his "detention during judicial proceedings" by the Vladimir Regional Court decision. It held as follows:
"Article 255 § 3 of the Code of Criminal Procedure of the Russian Federation provides that the [trial court] may... once six months has passed since the case was sent to it, e



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