been sent for trial) is calculated from the date on which the court received the file up to the date on which the judgment is given. The period of detention "during the trial" may not normally exceed six months, but if the case concerns serious or particularly serious criminal offences, the trial court may approve one or more extensions of no longer than three months each (Article 255 §§ 2 and 3 of the CCrP).
33. An application for an extension of the defendant's detention may not be examined by a court in the defendant's absence, except in cases where the defendant has been admitted for an in-patient forensic psychiatric examination or where other circumstances making his presence impossible have been shown to exist by appropriate documents. Participation of the defendant's counsel is mandatory (Article 109 § 13 of the CCrP, as amended on 4 July 2003 by Law No. 92-FZ). If the defendant's presence is impossible, the court must give a separate decision setting out the reasons which made his presence impossible (Article 109 § 14).
THE LAW
I. Alleged violation of Article 5 § 1 of the Convention
34. The applicant complained that his detention had not been compatible with the requirements of the domestic law and Article 5 § 1 the Convention, the relevant part of which reads as follows:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
...
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so..."
A. Admissibility
35. The Court observes that starting from 12 April 2003, the applicant's detention was authorised and extended at regular intervals by the Leninskiy District Court and the Uzlovaya Town Court of the Tula Region. The last detention order issued by the Town Court expired on 10 April 2004. It does not appear that during that period there were deviations from the domestic procedure that were incompatible with the requirements of the Convention. It follows that this part of the complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
36. Following the expiry of the detention order on 10 April 2004, a new extension order setting a specific time-limit for the applicant's detention was not made until 4 November 2004. The applicant's position in the intervening period was arguably at variance with the requirements of the Convention. Accordingly, the Court considers that this part of the 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.
37. Finally, the Court notes that from 4 November 2004 to 19 July 2005, when the applicant was convicted, the applicant's detention was extended by successive decisions of the trial court. The trial court acted within its powers in making those decisions and there is nothing to suggest that they were invalid or unlawful under domestic law or incompatible with the Convention requirements. It follows that this part of the complaint is also manifestly ill-founded and must be rejected.
B. Merits
38. The applicant submitted that from 10 April to 13 May 2004 he had been held in custody without judicial authorisation. On 13 May 2004 the trial court had returned the criminal case to the prosecutor but it had not given any reasons for extending the detention or limited it in time; this wa
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