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Постановление Европейского суда по правам человека от 08.07.2010 <Дело Абдулажон Исаков (Abdulazhon Isakov) против России» [англ.]





e applicant's citizenship. In addition, they submitted that the duration of the detention had lengthened owing to the application of the interim measure by the Court.
116. The Government contended that the applicant's complaint concerning the alleged failure of the domestic courts to review the lawfulness of his detention was manifestly ill-founded as he had challenged the lawfulness of his detention by unsuccessfully appealing against the court order of 27 March 2008 to the Tyumen regional court.
117. The applicant disagreed with the Government. He submitted that the domestic legislation required that his detention with a view to extradition should have been authorised by a domestic court within 48 hours of the arrest. Referring to the Court's case-law, he asserted that Russian laws concerning detention pending extradition did not comply with the Convention criteria of quality of law; that the length of his detention had been excessive as he had spent more than nineteen months in custody whereas the maximum length of detention under the domestic legislation could not exceed eighteen months. He further emphasised that the application of the interim measure by the Court had implied the suspension of his extradition to Uzbekistan, but it had not obliged the Russian authorities to prolong his detention. The applicant reiterated that his detention between 6 and 27 March 2008 had been unlawful as it had not been based on a court order and pointed out that at the time of his arrest the proceedings concerning his Russian passport had been pending and the issue of his nationality had not been clarified and that his arrest and detention in view of extradition had therefore been unlawful from the outset.
118. The applicant further submitted that his complaint of 14 March 2008 challenging the lawfulness of his detention pending extradition had been examined by the Kalininskiy district court only on 1 April 2008 and rejected solely on the basis that this detention had already been authorised by the Tsentralniy district court on 27 March 2008. Therefore, he had been deprived of the opportunity to challenge his detention between 6 and 14 March 2008 and the domestic courts had failed to speedily examine his detention. Finally, the applicant submitted that the domestic courts had refused to recognise him as a party to any relevant criminal proceedings and left his complaints without examination (see paragraphs 49 - 52 above).

B. The Court's assessment

1. Admissibility

119. The Court further notes that the applicant's complaints under Article 5 §§ 1 and 4 are not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention and are not inadmissible on any other grounds. They must therefore be declared admissible.

2. Merits

(a) Article 5 § 1 of the Convention
120. It is common ground between the parties that the applicant was detained as a person "against whom action is being taken with a view to deportation or extradition" and that his detention fell under Article 5 § 1 (f). The parties dispute, however, whether this detention was "lawful" within the meaning of Article 5 § 1 of the Convention.
121. The Court observes that the applicant was detained in Russia pursuant to an arrest warrant issued by a prosecutor's office in Uzbekistan. His detention was not confirmed by a Russian court, contrary to the provisions of Article 466 of the Criminal Procedure Code, which requires such authorisation unless the detention in the country seeking extradition has been ordered by a court. Therefore, the applicant's detention pending extradition between 6 and 27 March 2008 was not in accordance with a "procedure prescribed by law" as required by Article 5 § 1.
122. As to the Government's argument that the applicant's situation was remedi



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