Постановление Европейского суда по правам человека от 29.04.2010 «Дело Юрий Яковлев (Yuriy Yakovlev) против России» [англ.]

spital for inpatient treatment.
Furthermore, according to the received information [the applicant], being a very cautious person and responding to all summons by the investigator, at the same time takes measures to pervert the investigation by inciting individuals who have information about his criminal activities to distort that information.
This is just to inform you."
9. On the following day, at approximately 2.30 p.m., the applicant was arrested. A record of the arrest, in so far as relevant, read as follows:
"It is suspected that [the applicant] in 2005 [and] 2006, having acted as the first deputy director of [the Fund] in Moscow together with an organised group and using his official position, had received bribes in large amounts from heads of regional mandatory medical insurance funds and representatives of pharmaceutical companies in exchange for provision of resources from the fixed insurance reserve of the Federal Fund and insurance funds set aside to supply citizens with medicines..., that is [the applicant is suspected] of a criminal offence proscribed by Article 290 § 4 (a) [and] (d) of the Russian Criminal Code.
...
In respect of his arrest [the applicant] stated: there are no grounds for the arrest; [I] did not attempt to abscond from the investigation; [I] did not try to prevent the establishment of the truth in the case; [I] did not make attempts to influence the participants in the proceedings or to destroy evidence; [I] did not commit any crime while at liberty. [I] have a permanent place of residence in Moscow.
The lawyer adds that [the applicant] is in a poor state of health."
The applicant's lawyer present during the arrest made a handwritten note in the arrest record, insisting on an immediate medical examination of the applicant, arguing that the latter was suffering from a number of serious illnesses, felt ill during the arrest and could not adequately respond to the investigator's actions.
10. On 3 July 2007 the applicant was brought before a judge of the Basmanniy District Court of Moscow. The applicant's lawyer applied for an adjournment, arguing that he had had no time to study materials presented by the investigative authorities in support of their request for the applicant's arrest. The District Court dismissed the lawyer's request, noting that the criminal procedural law did not allow an adjournment on the grounds cited by the applicant's lawyer, and authorised the applicant's detention until 6 p.m. on 4 July 2007. The District Court stressed that the applicant's lawyers should use that time to prepare their arguments in defence. The decision was amenable to appeal, however, no appeal followed.
11. On 4 July 2007 the Basmanniy District Court remanded the applicant in custody, holding as follows:
"As it follows from the case file materials, in 2005, in Moscow, [the applicant] acting as a public official - the first deputy director of the Federal Fund... entrusted with organisational [and] regulatory functions within the financial credit entity, on mercenary grounds for personal benefit and by way of receiving large sums in bribes for actions in the interests of regional funds of mandatory medical insurance, pharmaceutical and other entities which participate in medical insurance programmes and supplies of medicines and equipment for medical prophylactic entities of the Russian Federation, organised, with the director of the Federal Fund, Mr T., and a deputy director of the Federal Fund, Ms K. a stable organised criminal group which [a number of other officials of the Fund] joined.
According to the division of roles [the applicant], Ms K. and Mr T. were in charge of criminal activities [and] arranged agreements with heads and representatives of the regional funds, pharmaceutical and other entities according to which requests from those fund



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