he Government on this matter and bearing in mind their submission that the applicant's detention was covered by Articles 108 and 109 of the CCrP, the Court is uncertain how the time-limits mentioned in Article 108 of the CCrP (see paragraph 74 above) were to be calculated in the applicant's case - an issue which is capital for determining whether, as of 13 November 2008, his detention was compatible with the requirements of Article 5.
198. In any event, even assuming that the second detention order extended the applicant's detention before it exceeded two months, as required by Article 109 of the CCrP, - a hypothesis which is favourable to the Government -, there was no further judicial decision on extension of the term of detention from then on, that is for the following nineteen months and 6 days.
199. In the absence of any domestic court decision extending the applicant's detention, the Court is bound to conclude that after 4 February 2009, that is six months after the date of the applicant's placement in custody, the applicant was detained in breach of the provisions of Article 109 § 2 of the CCrP. Accordingly, the applicant's detention pending extradition cannot be considered "lawful" for the purposes of Article 5 § 1 of the Convention.
200. Lastly, the Court would like to stress that it is perplexed by the Government's assertion that the domestic authorities had been obliged to hold the applicant in custody because it had indicated to them under Rule 39 of the Rules of Court to suspend his extradition. It emphasises that it has already held that this argument cannot be employed as a justification for the indefinite detention of persons without resolving their legal status (see Ryabikin, cited above, § 132). It also notes that the Russian ombudsman took the same position when drawing the Prosecutor General's attention to the irregularities in the legal basis of the applicant's detention (see paragraph 69 above).
201. Having regard to these findings, the Court does not consider it necessary to examine the remainder of the parties' submissions under Article 5.
202. There has therefore been a violation of Article 5 § 1 of the Convention.
III. Alleged violation of Article 6 § 2 of the Convention
203. The applicant complained under Article 6 § 2 of the Convention that the wording of the Prosecutor General's and the Moscow City Court's decisions on his extradition violated his right to be presumed innocent. Article 6 § 2 reads:
"Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law."
A. Submissions by the parties
204. The Government argued that the impugned decisions clearly stated that the applicant was charged with having committed certain crimes and that his extradition was sought with a view to prosecuting him on those charges. Moreover, the authorities explicitly stated that the issue of the applicant's criminal responsibility for the crimes for which his extradition was being sought was to be decided only by the courts of the requesting country.
205. The applicant submitted that in stating that his actions were "punishable under the Russian criminal legislation" the Russian authorities had declared him guilty before trial, which was further proved by the reply of the Russian Prosecutor General's Office of 30 December 2009, stating that it "had granted their Tajikistani counterpart's request for the applicant's extradition with a view to prosecuting him in connection with his participation in a prohibited religious organisation". In the applicant's opinion, the wording used by the Russian authorities was even capable of influencing the Tajik courts.
B. The Court's assessment
206. The Court re
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