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

y" such as to render the underlying period of detention unlawful (see Mooren v. Germany [GC], No. 11364/03, § 84, ECHR 2009-..., and Kolevi v. Bulgaria, No. 1108/02, § 177, 5 November 2009).
71. The Court observes, and the parties are in agreement, that the applicant's arrest and detention fell within the ambit of Article 5 § 1 (c) of the Convention, that is, that he was deprived of his liberty "for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence". The Court is satisfied that the suspicion against the applicant was "reasonable" in the circumstances of the case. There is no indication that any substantive provisions of national law were breached.
72. At the same time, the Court notes that the CCrP required the drawing up of a record of an arrest and its notification to the prosecutor. The Court reiterates in that connection that Russia entered a reservation in respect of Article 5 §§ 3 and 4. The reservation referred, among other things, to the provisions of the Code, under which a person could be detained further to a decision by the investigative authorities without there being any requirement for judicial supervision of the detention. The Court has examined the validity of the reservation and found it to be compatible with the requirements of Article 57 of the Convention (see Labzov v. Russia (dec.), No. 62208/00, 28 February 2002; see also paragraph 44 above). In view of the above, the applicant was not brought before "a judge or other officer authorised by law to exercise judicial power". In this context, compliance with the formal requirements of national law was particularly important.
73. The national courts in two sets of proceedings (concerning the judicial review of the refusals to prosecute public officials and in a civil case) held, on the basis of testimonies by the investigator and officers at the police station and the detention centre, that the applicant's arrest and detention were lawful.
74. However, the absence of a record of arrest and detention with indication of a number of details such as the date, time and location of detention, the name of the detainee, the reasons for the detention and the name of the person effecting it must be seen as incompatible with the requirement of lawfulness and with the very purpose of Article 5 of the Convention (see Menesheva v. Russia, No. 59261/00, § 87, ECHR 200-III). In the Court's view, the loss of record or its unlawful destruction are capable of depriving an applicant of an opportunity to usefully challenge his arrest and detention. In this respect the Court has not overlooked the fact that the applicant chose to bring his grievance before the courts only one year and a half after the events. While he did so within the statutory time-limits, it appears that the retention periods in respect of the official documents, which were relevant to his claims, were shorter than the above-mentioned time-limits for a court action. The observance of the above retention periods was incumbent on the national authorities.
75. It follows that the unavailability of the record of arrest is imputable to the national authorities. The Court also notes that the applicant was not interviewed immediately or within twenty-four hours, as required by the CCrP (see paragraph 33 above). Nor is there any indication of any formal decision concerning the applicant's release. Lastly, there is insufficient proof that the above-mentioned notification to the prosecutor was issued in compliance with the relevant requirements of the Code (see paragraph 8 above).
76. In the Court's view, taken cumulatively, the above circumstances disclose insufficient procedural safeguards against arbitrariness, which render the applicant's arrest and detention from 6 to 8 November 2001 incompatible with the requirements of Article 5 § 1 of the Convention. Thus,

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