eptember 2008 was compatible with the requirements of Article 5 § 1 (f). Lastly, the Government stated that the Prosecutor General's Office had displayed due diligence in conducting the extradition proceedings.
2. The applicant
151. The applicant argued that if his detention term were calculated in accordance with Article 109 of the CCrP, the period of his detention authorised by the decision of 16 September 2008 would have expired on 16 November 2008, that is two months later. Accordingly, having complained to the Court on 15 May 2009, he had complied with the six-month requirement.
152. He further claimed that he had exhausted domestic remedies. In particular, he submitted that he had no need to avail himself of applications for supervisory review because that remedy was not effective.
153. Furthermore, he argued that, contrary to the Government's submissions, he had consistently attempted to obtain review of his detention but his complaints had been discarded without consideration - first by the Babushkinskiy District Court, which had substituted his complaint for a civil action and then by the City Court and the Supreme Court, which had disregarded his oral and written submissions. The applicant's attempts to raise the issue before the Nagatinskiy and Siminovskiy district courts also met with a refusal to examine his complaints. Moreover, the Simonovskiy District Court replied to the applicant's complaint by letter, thereby depriving him of the possibility of challenging it through normal procedures. The applicant's lawyer's attempts to complain about his detention to the prosecutor's office also produced no results, which showed that that remedy was not effective either.
154. The applicant stressed that the thrust of his complaint under Article 5 § 1 (f) was not the unlawfulness of the initial decisions to remand him in custody but the authorities' failure to extend his detention after the expiry on 16 November 2008 of the two-month period under the detention order of 16 September 2008, which omission had been in breach of the domestic law.
155. According to the applicant, the lack of time-limits for his detention in the detention order of 7 August 2008 left him in a state of uncertainty as to the length of his detention. Moreover, the decision of 16 September 2008 must have been aimed at extending the term of the applicant's detention because he was already in custody. However, it was termed as an initial detention order and, again, failed to set any time-limit, which enabled the authorities to hold him in custody for an unlimited period of time.
156. The applicant further argued that the domestic provisions regulating detention pending extradition were unclear and unforeseeable. In particular, the reply of the Prosecutor General's Office to the ombudsman acknowledged the lack of uniform judicial approach to the detention of persons pending extradition and clearly demonstrated that the domestic provisions did not satisfy the "quality of the law" requirement under the Convention. The uncertainty of the law was further demonstrated by the Prosecutor General's Office's statement that the maximum detention term of eighteen months, fixed by Article 109 of the CCrP, applied exclusively to persons detained pending extradition while the extradition check was in progress, and not to those persons in respect of whom the Prosecutor General's Office had already issued an extradition order. In the same vein, while the Government argued that Chapter 13 of the CCrP on preventive measures was to be applied to detention pending extradition, they did not take into acocunt the fact that his detention was in breach of the relevant provisions. The unsatisfactory quality of the law had made it impossible for the applicant to estimate the likely duration of his detention, which had in any
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