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

n as a ground for the applicant's detention pending criminal for its entire duration.
154. As regards the risk of absconding, the Court notes that throughout the period of detention the Russian courts also referred to the applicant's Azeri nationality as a reason to believe that he might abscond, if released. The Court accepts that a detainee's foreign nationality could be a relevant factor in assessing the risk of flight (see Lind v. Russia, No. 25664/05, § 81, 6 December 2007). Given that the applicant did not have a place of residence in Russia which could be classified as "permanent" by the Russian courts, the Court finds that indeed a serious risk of the applicant absconding in case he was released could be said to have existed.
155. Finally, as regards the risk of reoffending, the Court accepts that the danger of reoffending, if convincingly established, may lead the judicial authorities to place and leave a suspect in detention in order to prevent any attempts to commit further offences. It is however necessary, among other conditions, for the danger to be a plausible one and for the measure to be appropriate, in the light of the circumstances of the case and in particular the past history and the personality of the person concerned (see Clooth v. Belgium, 12 December 1991, § 40, Series A No. 225). On the facts, nothing in the criminal case or the applicant's personal profile indicated that he had been previously involved in any criminal activity or that, given the nature of criminal charges brought against him and the fact that all presumed members of a criminal group were being tried along with the applicant, he was likely to continue his criminal activities. Thus, the Court cannot accept that that the risk of reoffending was sufficiently established.
156. To sum up, the Court is satisfied that, in the particular circumstances of the case, a substantial risk of the applicant's absconding persisted throughout his detention and accepts the domestic courts' finding that no other measures to secure his presence would have been appropriate. The Court concludes that there were relevant and sufficient grounds for the applicant's continued detention. Accordingly, it remains to be ascertained whether the judicial authorities displayed "special diligence" in the conduct of the proceedings.
157. The Court observes that certain delays were attributable to the domestic authorities, in particular those following the judge's decisions on 27 January and 19 July 2005 to return the case to the prosecutor. These remittals resulted from mistakes committed by the investigation authorities and resulted in a five months delay in the examination of the applicant's. The Court also observes that the authorities were largely inactive in 2005, that hearings were rare from December 2005 to February 2006 and that the period between May and November 2006 remained unaccounted for. Furthermore, the appeal proceedings were pending for more than seven months. Although the Court does not underestimate the danger of organised crime, especially when it concerns aggravated robbery, and the overall complexity of this particular case, it cannot but conclude that the length of the proceedings is attributable primarily to the lack of diligence and expedition on the part of the domestic authorities in dealing with the case (see also the Court's conclusions under Article 6 in paragraphs 173 - 180 below).
158. There has accordingly been a violation of Article 5 § 3 of the Convention.

IV. Alleged violation of Article 5 § 4 of the Convention

159. Relying on Article 5 § 4 of the Convention, the applicant was dissatisfied with delays in the judicial examination of his appeals against the detention orders of 28 March 2005, 11 and 19 July, 22 September and 5 December 2005. This provision reads as follows:
"Everyone who



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