Постановление Европейского суда по правам человека от 24.06.2010 «Дело Велиев (Veliyev) против России» [англ.]

2. Scope of the Court's review

136. It is uncontested that the applicant's detention pending criminal investigation and trial from 26 February 2004 to 6 February 2005 and between 28 March 2005 and 14 November 2006 was regular and lawful within the meaning of the domestic law. Accordingly, the Court will only examine the lawfulness of the applicant's detention on remand between 6 February and 28 March 2005.

3. The Court's analysis

137. The Court observes that between 6 February and 28 March 2005 the only basis for the applicant's continued detention pending criminal proceedings was the Regional Court's decision dated 27 January 2005, by which the court refused to consider the merits of the case (see paragraph 31) and returned it to the prosecution for corrections and amendments.
138. The Court notes that in ordering the applicant to remain in detention the Regional Court relied on Article 237 of the Code of Criminal Procedure, but did not specify whether this detention would be governed by Article 109 of the Code ("detention pending investigation") and or by Article 255 of the Code ("detention pending trial"). It also did not set any time-limit in connection with this extension. In this respect, the Court notes that Article 237 of the Code relied on by the Regional Court required that after receipt of the case file from the judge the prosecutor should comply with his or her instructions within five days. This requirement was neither mentioned by the Regional Court in its decision, nor complied with by the prosecution on the facts of the case.
139. In the Court's opinion, the absence of sufficiently precise rules concerning the legal grounds for detention following the return of the case to the prosecutor seriously affected the "lawfulness" of the applicant's detention. The applicant was placed in a situation of uncertainty as to the legal grounds and the exact duration of his continued detention.
140. In view of this, the Court finds that there has been a violation of Article 5 § 1 (c) of the Convention in respect of the period of detention from 6 February to 28 March 2005 (see Shteyn (Stein) v. Russia, No. 23691/06, §§ 89 - 96, 18 June 2009).

III. Alleged violation of Article 5 § 3 of the Convention

141. The applicant complained under Article 5 § 3 of the Convention that his detention on remand had been excessively long and lacked sufficient justification. Article 5 § 3 reads in the relevant part as follows:
"Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial."

A. Admissibility

142. 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.

B. Merits

1. Submissions by the parties

143. The Government submitted that the detention decisions in respect of the applicant had been based on relevant and sufficient considerations. The case against him was particularly complex, including episodes of criminal activity on the part of an organised group or a criminal gang consisting of ten members (the applicant's co-accused) with criminal operations in different regions of Russia. The decision to join various episodes was justified with a view to avoiding possible duplication of the proceedings. The investigation of the case involved investigative activity with forty witnesses and five victims and resulted in a case file running to fifteen volumes. Moreover, there was a risk that the app



> 1 2 3 ... 13 14 15 ... 20 21 22

	Поделиться:	Tweet