n order of 5 May 2008 (extension
until 3 July 2008)
23. On 5 May 2008 the Basmanniy District Court again granted an investigator's application for an extension of the applicant's detention and authorised further detention until 3 July 2008. The District Court accepted the investigator's arguments that additional time was necessary for the applicant and his lawyers to complete studying the case file. It further noted as follows:
"The court also takes into account [the applicant's] age, family situation, the state of his health and his place of residence.
The court considers that by virtue of Article 110 of the Russian Code of Criminal Procedure in the present time there are no grounds to annul or change to a more lenient one the measure of restraint in the form of the detention applied to [the applicant], as the circumstances which had been taken into account when the measure of restraint had been chosen on 4 July 2007, had not changed... Thus, it follows from a certificate presented by a deputy head of the Service - the head of the Department, lieutenant-general Mr V., that information was received in the course of the operative search arrangements that [the applicant] may prevent the objective examination of the criminal case by the trial court, as being in the detention facility [he] tries to influence other members of the group and witnesses. The court was not provided with evidence which could contradict the investigator's arguments."
24. The applicant's lawyers appealed, complaining, inter alia, that the District Court had grounded the extension order on assumptions and had imposed on the applicant the burden of disproving the investigators' assumptions. In particular, the lawyers noted that the District Court had refused to call witnesses, including the FSB official who had provided the District Court with the information pertaining to the applicant's alleged attempts to influence witnesses. Thus, the applicant had had no means of disproving the investigators' arguments.
25. On 2 June 2008 the Moscow City Court upheld the detention order of 5 May 2008, noting that the District Court had advanced valid reasons for the extension of the applicant's detention and that the District Court's finding corresponded to the "factual circumstances of the case".
F. Detention order of 19 June 2008 (extension
until 10 September 2008)
26. On 19 June 2008 the Moscow City Court extended the applicant's detention until 10 September 2008, recognising the necessity to provide the applicant and his lawyers with additional time to study the case file. As to the further grounds for the extension of the detention, the City Court held as follows:
"[The court] dismisses the arguments by the accused, [the applicant], and his lawyer Mr S. that the investigator's application is unsubstantiated, that [the applicant] is unlawfully detained in a detention facility, that he has no intention of absconding from the investigation and trial, and [that he] cannot influence the course of the investigation as the investigation is complete. In his application the investigator rightfully notes that circumstances which had served as the grounds for [the applicant's] remand in custody did not change and did not cease to exist; he is charged with a particularly serious criminal offence, the examination of [the applicant's] personality and his behaviour during the pre-trial investigation allow the conclusion that, if released, he can continue criminal activities, abscond the investigation and trial, contact the individuals who took part in the above-mentioned criminal offences and are not at present detained, [he may] influence other participants in the criminal proceedings, may take steps in order to destroy or falsify evidence, thus [he may] pervert the course o
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