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."
160. The Government submitted that the CCrP did not set a time-limit for sending a case for examination by a court of appeal. Having received the case file, the court of appeal had to start examining the appeal within one month (Article 374 of the CCrP). The delays in examination of the applicant's appeals were accounted for by the need to allow the other defendants in the case to submit their comments, to dispatch a large bulk of detention materials from Vladimir to Moscow and to ensure the applicant's counsel's presence at the appeal hearing. In view of the above, the appeals against the detention orders were examined within a reasonable period of time.
161. The applicant maintained his complaint.
A. Admissibility
162. 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. General principles
163. The Court reiterates that Article 5 § 4 of the Convention proclaims the right to a speedy judicial decision concerning the lawfulness of detention and ordering its termination if it proves unlawful (see Baranowski v. Poland [GC], No. 28358/95, ECHR 2000). There is a special need for a swift decision determining the lawfulness of detention in cases where a trial is pending, because the defendant should benefit fully from the principle of the presumption of innocence (see {Ilowiecki} v. Poland, No. 27504/95, § 76, 4 October 2001).
164. Article 5 § 4 does not compel the Contracting States to set up a second level of jurisdiction for the examination of the lawfulness of detention. However, where national law provides for a system of appeal, the appellate body must also comply with the requirements of Article 5 § 4, in particular, as regards the speediness of the review by an appellate body of a detention order imposed by the court below (see Lebedev, cited above, § 96). At the same time, the standard of "speediness" is less stringent when it comes to proceedings before the court of appeal. The Court reiterates in this connection that the right of judicial review guaranteed by Article 5 § 4 is primarily intended to avoid arbitrary deprivation of liberty. However, if the detention is confirmed by a court it must be considered to be lawful and not arbitrary, even where an appeal is available (ibid.). Subsequent proceedings are less concerned with arbitrariness, but provide additional guarantees aimed primarily at an evaluation of the appropriateness of continuing the detention (loc. cit.). Therefore, the Court is less concerned about the speediness of proceedings before the court of appeal where the detention order under review has been imposed by a court, provided that the procedure followed by that court was of a judicial nature and afforded to the detainee the appropriate procedural guarantees.
2. Application in the present case
165. The Court notes that if counted from the date of adoption of the respective detention orders, the applicant's appeals were examined within the following periods: 74 days (detention order of 28 March 2005), 59 days (detention order of 11 July 2005), 73 days (detention order of 19 July 2005), 76 days (detention order of 22 September 2005) and 99 days (detention order of 5 December 2005).
166. The Government have not adduced any evidence to show that, having lodged those appeals, the applicant himself caused significant delays in their examination. The Court would note that the applicant generally lodge
> 1 2 3 ... 17 18 19 20 ... 21 22
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
