Постановление Европейского суда по правам человека от 29.07.2010 <Дело Шапошников (Shaposhnikov) против России» [англ.]

positions of the domestic authorities on the issue of legal regulation and the exact duration of the applicant's detention during the period when the case was neither with the court nor with the investigator, as well as the lack of reasons in the extension order of 30 December 2004, the Court considers that the latter order did not comply with the requirements of clarity, foresee ability and protection from arbitrariness, which together constitute the essential elements of the "lawfulness" of detention within the meaning of Article 5 § 1.
48. Therefore, and having regard to its conclusions in the paragraph 33 above concerning the scope of the complaint, the Court finds that there has been a violation of Article 5 § 1 of the Convention on account of the applicant's detention on remand from 4 to 13 January 2005.

II. Application of Article 41 of the Convention

49. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."
50. The applicant did not submit a claim for just satisfaction. Accordingly, the Court considers that there is no call to award him any sum on that account.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Declares the application admissible;
2. Holds that there has been a violation of Article 5 § 1 of the Convention.

Done in English, and notified in writing on 29 July 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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