rture from the right to liberty and one that is only permissible in exhaustively enumerated and strictly defined cases (see Khudoyorov, cited above, § 142).
118. There has therefore been a violation of Article 5 § 1 of the Convention.
IV. Alleged violation of Article 5 § 4 of the Convention
119. The applicant complained under Articles 5 § 4 of the Convention that he was unable to obtain effective judicial review of his detention. Article 5 § 4 reads as follows:
"Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful."
A. The parties' submissions
120. The Government contended that the applicant's complaint should be rejected as manifestly ill-founded and pointed out that all of his complaints in respect of his detention pending extradition had been examined by the domestic courts in compliance with the relevant provisions of the Code of Criminal Procedure. Therefore, the applicant had been able to obtain a review of his detention.
121. The applicant submitted that the Russian courts had failed to speedily review the lawfulness of his detention, in violation of Article 108 § 11 of the Code of Criminal Procedure, which required the second-instance courts to examine appeals within three days of their receipt. He pointed out that all his appeals against the extension orders had been examined by the courts with significant delays.
B. The Court's assessment
1. Admissibility
122. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
2. Merits
123. The Court reiterates that Article 5 § 4 of the Convention, in guaranteeing to persons detained a right to institute proceedings to challenge the lawfulness of their detention, also proclaims their right, following the institution of such proceedings, to a speedy judicial decision concerning the lawfulness of detention and ordering its termination if it proves unlawful (see Baranowski, cited above, § 68). It is for the State to organise its judicial system in such a way as to enable the courts to comply with the requirements of Article 5 § 4 (see, mutatis mutandis, R.M.D. v. Switzerland, 26 September 1997, § 54, Reports 1997-VI). The question whether the right to a speedy decision has been respected must be determined in the light of the circumstances of each case (see Rehbock v. Slovenia, No. 29462/95, § 84, ECHR 2000-XII).
124. Turning to the circumstances of the present case, the Court notes that the applicant lodged five appeals against the court extension orders. The first appeal was lodged on 17 June 2008 against the court order of 12 June 2008; this appeal was examined by the Mari-Al Supreme Court on 2 July 2008, that is, fifteen days after its receipt by the court. The second appeal was lodged on 7 July 2008 against the court extension order of 4 July 2008; this appeal was examined by the Mari-Al Supreme Court on 1 August 2008, that is, twenty-five days after its receipt by the court. The third appeal was lodged on 28 July 2008 against the court order of 24 July 2008; this appeal was examined by the Mari-Al Supreme Court on 14 August 2008, that is, twenty-one days after its receipt by the court. The fourth appeal was lodged on 5 December 2008 against the court order of the same date; this appeal was examined by the Mari-Al Supreme Court on 19 December 2008, that is, fourteen days after its receipt by the court. The fifth appeal was lodged on 13 March 2009 against the court order of 11 March 2009;
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