a relevant element in the assessment of the risk of the accused absconding or reoffending, the need to continue the deprivation of liberty cannot be assessed from a purely abstract point of view, taking into consideration only the gravity of the offence. Nor can continuation of the detention be used to anticipate a custodial sentence (see Belevitskiy, cited above, § 101; Panchenko, cited above, § 102; Khudoyorov, cited above, § 180; and Ilijkov v. Bulgaria, No. 33977/96, § 81, 26 July 2001).
134. The Court notes the Government's argument that when extending the applicant's detention the domestic courts also gave consideration to the risk of his obstructing justice by putting pressure on witnesses and distorting the evidence. However, in the absence of any references to those circumstances in the extension orders the Court finds that the existence of such risks was not established.
135. In sum, the Court finds that the domestic authorities' decisions were not based on an analysis of all the pertinent facts. It is of particular concern to the Court that the Russian authorities persistently used a stereotyped summary formula to justify the extension of the applicant's detention. The Court also notes that the domestic authorities, using the same formula, simultaneously extended the detention of the applicant and his co-defendants. In the Court's view, this approach is incompatible, in itself, with the guarantees enshrined in Article 5 § 3 of the Convention in so far as it permits the continued detention of a group of persons without a case-by-case assessment of the grounds for detention or of compliance with the "reasonable time" requirement in respect of each individual member of the group (see Gubkin, cited above, § 144; Bakhmutskiy, cited above, § 141; Aleksey Makarov v. Russia, No. 3223/07, § 53, 12 June 2008; Shcheglyuk v. Russia, No. 7649/02, § 45, 14 December 2006; Korchuganova, cited above, § 76; and Dolgova v. Russia, No. 11886/05, § 49, 2 March 2006).
136. The Court finds, therefore, that by failing to address concrete relevant facts and by relying solely on the gravity of the charges, the authorities extended the applicant's detention on grounds which cannot be regarded as "sufficient". In those circumstances it is not necessary to examine whether the proceedings were conducted with "special diligence".
137. There has accordingly been a violation of Article 5 § 3 of the Convention.
IV. Alleged violation of Article 5 § 4 of the Convention
138. The applicant complained that he had been denied the right to an effective judicial review of his complaint against the order to extend his detention of 19 February 2004. He relied on Article 5 § 4 of the Convention, which provides 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. Admissibility
139. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention and is not inadmissible on any other grounds. It must therefore be declared admissible.
B. Merits
140. The Government acknowledged that the discontinuation of the examination of the applicant's appeal against the extension order of 19 February 2004 amounted to a violation of the applicant's right under Article 5 § 4 of the Convention.
141. The applicant took note of the Government's admission.
142. In the circumstances of the present case the Court finds no reason to hold otherwise. It therefore concludes that there has been a violation of Article 5 § 4 of the Convention.
V. Alleged violation of Articles 6 and 13
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