is detention between 21 and 24 July 2008 had been taken on 4 August 2008, that is, after the court order of 24 July 2008 extending his detention until 12 December 2008, and that in such circumstances it would have been futile and ineffective for him to further appeal against the actions of the head of the detention centre, which would not have led to his release from unlawful detention but rather to disciplinary measures against the official. He further submitted that he had appealed against the extension order of 24 July 2008, which would have been an effective remedy, but that the domestic courts had failed to examine the issue of the lawfulness of his detention between 21 and 24 July 2008.
107. The applicant submitted that the domestic regulations concerning detention pending extradition were not sufficiently clear and predictable. He further stated that the application of the interim measure by the Court could not serve as justification for extending his detention pending extradition indefinitely.
B. The Court's assessment
1. Admissibility
108. The Government raised an objection of non-exhaustion of domestic remedies by the applicant. The Court reiterates that the decisive question in assessing the effectiveness of a remedy is whether the applicant could have raised that complaint in order to obtain direct and timely redress, and not merely an indirect protection of the rights guaranteed in Article 5 of the Convention (see, among other authorities, Belousov v. Russia, No. 1748/02, §§ 67 - 69, 2 October 2008). Further, it is incumbent on the respondent Government claiming non-exhaustion to indicate to the Court with sufficient clarity the remedies to which the applicant did not have recourse and to satisfy the Court that the remedies were effective and available in theory and in practice at the relevant time, that is to say, that they were accessible, were capable of providing redress in respect of the applicant's complaints and offered reasonable prospects of success (see Cennet Ayhan and Mehmet Salih Ayhan v. Turkey, No. 41964/98, § 65, 27 June 2006).
109. Turning to the facts of the present case, the Court notes that the Government suggested that the applicant should have applied to a court with his complaint about his unlawful detention between 21 and 24 July 2008. They did not specify the legal norms providing for the possibility of bringing such a complaint before a court. Nor did the Government supply any example from domestic practice showing that it was possible for the applicant to successfully bring such a complaint. In this connection the Court notes that Russian legislation provides two avenues of appeal in the applicant's situation. The first, which was used by the applicant, is to lodge a complaint under Article 125 of the Code of Criminal Procedure within the framework of criminal proceedings; the second is to apply for compensation through civil proceedings.
110. As to the civil remedies, the Court notes that the Government did not make reference to any legal norm providing for the possibility of bringing such a complaint before a court. Nor did the Government supply any example from domestic practice showing that it was possible for the applicant to bring such a complaint. As to the criminal domestic remedies, the Court notes that Article 125 of the Code of Criminal Procedure stipulates that the domestic courts must examine complaints within five days from their receipt. In the present case, the applicant's complaint lodged on 22 July 2008 was examined by the Town Court on 25 July 2008; this was within the prescribed time-limit, but came after the decision of the very same court of 24 July 2008 extending the applicant's detention until 12 December 2008 and providing retrospective authorisation of his detention during the impugned period. The Court further notes that the applicant raised the
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