(see paragraph 67 above). In any event, the Court will not dwell upon this issue because it considers that there has been a violation of Article 5 § 1 for the following reasons.
192. Having regard to the circumstances of the present case, the Court observes that the applicant was arrested on 5 August 2008 pursuant to an arrest warrant issued by a Tajik court (see paragraphs 16 and 19 above). On 7 August 2008, following the Tajik authorities' request for his extradition, the Nagatinskiy District Court of Moscow ordered the applicant's placement in custody, with reference, among other things, to Article 108 of the CCrP and Article 61 of the Minsk Convention (see paragraph 91 above).
193. It is further noted that on 11 September 2008, that is within the forty-day time-limit laid down in Article 62 § 2 of the Minsk Convention, the Tajikistani General Prosecutor's Office submitted a formal request for the applicant's extradition. Lastly, on 16 September 2008, the Simonovskiy District Court of Moscow ordered, yet again, the applicant's placement in custody pending extradition, referring to Article 466 § 1 of the CCrP and Article 60 of the Minsk Convention and the fact that the Tajik authorities had meanwhile submitted a formal extradition request. No further extensions of the applicant's detention followed until his release on 23 April 2010, that is twenty months and seventeen days after he was placed in custody.
194. Accordingly, as the Court has outlined in paragraph 186 above, the issue which arises in the present case is whether, from 13 November 2008 onwards, the applicant's detention had a basis in domestic law and was carried out "in accordance with a procedure prescribed by law". In other words, the question is whether the initial judicial authorisation of his detention was sufficient to hold him in custody for any period of time - no matter how long - until a decision on the extradition request had been reached, or whether the detention was to be reviewed at regular intervals (see Nasrulloyev, cited above, § 73).
195. The Government argued that the term of the applicant's detention was governed by Article 109 of the CCrP, which permits up to twelve months' detention in cases concerning serious crimes. At the same time, to be considered "lawful" within the meaning of Article 109 § 2 of the CCrP, detention exceeding two months necessitates judicial authorisation.
196. In this connection the Court notes that, although in the time span from 7 August to 16 September 2008 the applicant was not released and the preventive measure in respect of him was not varied, both detention orders were termed as "decisions to place the applicant in custody". In this respect the Court is, moreover, perplexed by the fact that, whilst both sets of proceedings concerned the issue of the applicant's detention pending extradition, the first detention order referred to Article 108 of the CCrP, regulating detention of suspects and accused persons pending criminal proceedings against them, and the second, to Article 466 § 1, specifically concerning persons detained pending extradition. Even assuming that the Nagatinskiy District Court applied Article 108 of the CCrP, as construed by the Constitutional Court's decision of 4 April 2006 (see paragraph 78 above), it remains not entirely clear why the subsequent detention order contained no reference to the provisions of Chapter 13 of the CCrP and was based solely on Article 466 § 1.
197. It is therefore unclear whether the decision of 16 September 2008 extended the applicant's detention but failed to mention Article 108 of the CCrP or, in the alternative, chose this preventive measure de novo, following the receipt of the formal extradition request, which appears, to some extent, to be supported by the court's reasoning (see paragraph 57 above). In the absence of any explanation by t
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