Постановление Европейского суда по правам человека от 28.10.2010 «Дело Борис Попов (Boris Popov) против России» [англ.]

of his liberty from 6 to 8 November 2001 in breach of Article 5 § 1 of the Convention, which reads as follows:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
...
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;..."

A. Admissibility

58. The Government argued that the grievances had been submitted out of time.
59. The Court has already found that the applicant's grievances were submitted within the six-month time-limit under Article 35 § 1 of the Convention (see paragraph 47 above).
60. The Court also considers that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

1. The parties' submissions

61. The Government submitted that the applicant's arrest had been lawful and justified under Article 122 of the Code of Criminal Procedure (CCrP) on account of A.'s statement and the evidence seized at the applicant's home. The reasonable suspicion against him concerned an offence falling within the scope of Article 122 of the CCrP and was thus covered by Article 5 § 1 (c) of the Convention. A record of his arrest had been drawn up and the prosecutor had been notified. The duration of the applicant's detention had complied with the requirements of the CCrP. The Government indicated that the registers of arrested persons kept by the police station and the detention centre had been destroyed in November 2002 after the expiry of the retention period. As investigator S. had explained in 2007, the record of the applicant's arrest had been lost. There had been no malice or bad faith on S.'s part. The applicant should not have waited for nearly two years before bringing proceedings in the national courts; he had thus made it difficult, if not impossible, to establish the relevant circumstances.
62. The applicant argued that there had been no reasonable suspicion against him. When naming the applicant as his accomplice, Mr A. could not be trusted as he was an interested party in criminal proceedings rather than an independent eyewitness. Besides, the applicant had been arrested before A.'s incriminating statement and had been released before A.'s retraction. Accordingly, A.'s testimony did not furnish a sufficient basis for the applicant's arrest and detention. In any event, until his release on 8 November 2001 the applicant had not been formally accused of any criminal offence. He had never been interviewed as a suspect within twenty-four hours, in breach of the CCrP (see paragraph 32 above). In fact, the record of the interview referred to him as a "witness". Moreover, no record of his arrest had been drawn up to confirm the lawfulness of his arrest, detention and release. In the absence of such a record, it could not be established that the applicant's deprivation of liberty had been based on relevant and sufficient reasons. Lastly, the notification to the prosecutor had not been issued at the relevant time but had, most likely, been forged in 2003. The version of events concerning the loss of documents by the investigator had not been aired during the court proceedings in 2003 but had first been put forward in 2007.

2. The Court's assessment

(a) Establishment of the relevant facts
63. The Court observes that the nationa



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