ed by the decision of 27 March 2008, the Court notes that, apart from authorising his detention as of that date, the domestic court did not order or take steps to ensure his release or otherwise remedy the violation of his right to liberty and security for the period between 6 and 27 March 2008.
123. In a number of its recent judgments the Court has already found that the provisions of the Russian law governing detention of persons with a view to extradition were neither precise nor foreseeable in their application and fell short of the "quality of law" standard required under the Convention (see, for example, Nasrulloyev v. Russia, No. 656/06, § 72, 11 October 2007, Ismoilov and Others, cited above § 142, Muminov, cited above, § 122, and Khudyakova v. Russia, No. 13476/04, § 73, 8 January 2009).
124. The Court upholds the findings made in the above-mentioned cases and finds that in the absence of clear legal provisions establishing the procedure for ordering and extending detention with a view to extradition and setting time-limits for such detention, the deprivation of liberty to which the applicant was subjected was not circumscribed by adequate safeguards against arbitrariness. In particular, the Court observes that the detention order of 27 March 2008 did not set any time-limit for the applicant's detention. Under the provisions governing the general terms of detention (Article 108 of the Criminal Procedure Code), the time-limit for detention pending investigation was fixed at two months. A judge could extend that period up to six months. Further extensions could only be granted by a judge if the person was charged with serious or particularly serious criminal offences. However, upon the expiry of the maximum initial detention period of two months (Article 109 § 1 of the Criminal Procedure Code), no extension was granted by a court in the present case. The applicant has been in detention pending extradition for over two years. During that period no requests for extension of his detention have been lodged. Thus, the national system has failed to protect the applicant from arbitrary detention, and his detention cannot be considered "lawful" for the purposes of Article 5 § 1 of the Convention.
125. The Court also takes note of the Government's reference to the effect that at the time of the applicant's arrest and his subsequent detention between 6 March 2008 and 20 April 2009 (see paragraphs 12 - 17 above) the authorities had been fully aware of the fact that the issue of his Russian citizenship had not been finally resolved and that the Russian legislation excludes, in non-ambiguous terms, the extradition of Russian nationals (see, mutatis mutandis, Garabayev v. Russia, No. 38411/02, § 89, ECHR 2007-VII (extracts)).
126. In view of the above, the Court finds that the applicant's detention during the period in question was unlawful and arbitrary, in violation of Article 5 § 1.
(b) Article 5 § 4 of the Convention
127. The Government argued that the applicant had made use of the opportunity to challenge the lawfulness of his detention by lodging an appeal against the court order of 27 March 2008, which had been rejected by the Tyumen regional court on 6 May 2008.
128. The applicant argued that his detention pending extradition had never been reviewed by a court, despite his numerous complaints. He had thus been unable to obtain judicial review of his detention pending extradition, in violation of Article 5 § 4.
129. The Court reiterates that the purpose of Article 5 § 4 is to assure to persons who are arrested and detained the right to judicial supervision of the lawfulness of the measure to which they are thereby subjected (see De Wilde, Ooms and Versyp v. Belgium, 18 June 1971, § 76, Series A No. 12). The remedies must be made available during a person's detention with a view to that person obtaining speedy judicial revie
> 1 2 3 ... 16 17 18 19 ... 20
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
