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

> While determining the issue of the need or otherwise to apply a measure of restraint such as arrest to [the applicant], the court also takes into account his family and welfare situation; [he] is married but does not have a minor child or any other close relatives who are in need of material assistance or additional care, he has never been registered in a drug abuse clinic or a psychiatric hospital, and his state of health allows him to take part in judicial and investigative actions and to be detained in a temporary detention facility (there is a medical certificate in the case file)."
12. The applicant and his lawyers appealed, arguing that there were no grounds to conclude that the applicant was liable to abscond or pervert the course of justice. They indicated that for more than eight months the applicant had fully complied with the conditions of the written undertaking. According to the lawyers, the applicant's family and personal situation, including his age and poor state of health, were calling for his release. They also pointed out that the information provided to the District Court by the deputy head of the FSB Trade Security Service was no more than a collection of assumptions, not supported by any evidence. The lawyers cited a decision of the Supreme Court of the Russian Federation, according to which the gravity of the charges could not serve as the sole ground for an authorisation or extension of the accused's detention. They stated that in the absence of any other valid reasons the District Court had thus unlawfully based its decision on the gravity of the charges against the applicant.
13. On 6 August 2007 the Moscow City Court upheld the decision of 4 July 2007, endorsing the reasons given by the District Court.

B. Detention order of 3 September 2007 (extension
of the applicant's detention until 10 November 2007)

14. On 3 September 2007 the Basmanniy District Court extended the applicant's detention until 10 November 2007, reasoning as follows:
"The court considers the arguments laid down in the application for an extension of the accused's detention well-founded, because it is impossible to finish the pre-trial investigation in the criminal case within the established time-limits as it is necessary to perform a number of investigative procedural actions, indicated in the decision.
[The applicant] is charged with a particularly serious criminal offence which is punishable by more than two years' imprisonment.
It follows from the investigator's decision and the materials presented that [the applicant] is charged with a crime as part of an organised group, certain participants of which are now being identified by the investigation authorities.
The presented materials indicate that [the applicant] has a passport for travel. In the course of the operational search arrangements information was received that [the applicant] had taken steps to pervert the course of the investigation by trying to persuade certain individuals to make statements beneficial to [the applicant].
The circumstances of the crime and the above-mentioned data serve as sufficient grounds to conclude that if released [the applicant] may abscond from the investigation and trial, may contact other persons in respect of whom investigative and operational search measures are being taken, and may influence witnesses, thus [he] will pervert the course of the investigation in the criminal case.
Having regard to the above said, the court finds that at the present moment the grounds and circumstances to be taken into account while applying a measure of restraint in the form of the arrest under Articles 97, 99 of the Russian Code of Criminal Procedure had not changed, and it is still necessary to preserve the above-mentioned measure of restraint.
While examining the issue of e



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