the case to the prosecution as of 3 February 2005, the applicant was again detained "pending investigation". On 4 March 2005 the case was again sent to the trial court and the applicant detained "pending trial". The court then gave the following reasoning:
"Under Part 2 of Article 255 of the Code of Criminal Procedure, if a preventive measure in the form of detention on remand is chosen..., then the term of the detention counted from the date on which the case reached the court and until the verdict has been given may not exceed six months, except for cases explicitly mentioned in Part 3 of the above-mentioned Article. The norm in question means that as of the date on which the case reached the court the accused is counted as being detained pending trial.
Under Part 3 of Article 255 of the Code of Criminal Procedure, the court in charge of the case may, upon expiry of the above-mentioned six months, extend the term. At the same time, such an extension is possible only in cases involving serious or particularly serious offences, and each time for a term not exceeding three months.
At the time when the case reached the court that is on 4 March 2005 [the applicant] was counted as being detained pending trial. The six-month time-limit mentioned in Part 3 of Article 255 has not expired to date. The court finds no violation of the domestic law in this respect."
40. The decision of 28 March 2005 was contested by the applicant, through his lawyer, before the Supreme Court on 7 April 2005.
41. On 20 June 2005, that is seventy-four days thereafter, the Supreme Court of Russia ("the Supreme Court") examined and rejected the complaint. The decision referred to all the accused collectively, without analysing their circumstances individually. In its relevant part, the court ruling stated as follows:
"[the applicant and eight others] are accused by the investigation of commission of crimes, including serious and very serious offences.
The circumstances which served as a basis for the preventive measure in the form of detention did not change. Having noted its reasons in the decision, the court came to the conclusion that the need for the preventive measure in respect of [the applicant and other co-accused] had not ceased to exist, and that there had been no reason to release him or to choose a milder preventive measure, which is why the court had taken the decision...
This court has no reason to differ."
9. Decision dated 20 June 2005 to resume
criminal proceedings
42. On 20 June 2005 the Regional Court resumed the proceedings in the case and decided to hold a preliminary hearing on 11 July 2005.
10. Extension of detention for three months
until 18 October 2005
43. In view of the fact that the six-month time-limit set out in Part 3 of Article 255 of the Code was about to expire, on 11 July 2005 the Regional Court extended the applicant's detention for three months until 18 October 2005. The court gave the same reasons as previously.
44. The decision of 11 July 2005 was contested by the applicant through his lawyer before the Supreme Court on 18 July 2005.
45. On 15 September 2005, that is two months and five days later, the Supreme Court examined this appeal and decided to uphold the decision of 11 July 2005. The court essentially relied on the fact that the circumstances relevant in the applicant's situation had not changed and that the proceedings could not be finalised "for objective reasons". Again, the court referred to all the accused collectively, without analysing their circumstances individually.
11. Decision of 19 July 2005 to remit the case
for further investigation
46. On 19 July 2005 the Regional Court yet again carried out a preliminary examination of the case and d
> 1 ... 2 3 4 5 ... 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
