bserves that it is clear that the applicant had no avenue to challenge the lawfulness of an arrest warrant issued by an Uzbek court before a Russian court and was thus unable to obtain a judicial review of the lawfulness of his detention on the basis of that warrant.
60. As to the Government's reference to Chapter 13 of the CCP, the Court points out that the only provision of this Chapter governing complaints about the lawfulness of custodial detention provides that a court's decision on placement in custody is appealable to a higher court (see paragraph 35 above). Chapter 13 remains silent when it comes to detention authorised by a prosecutor, not a court. Therefore, the applicant had no possibility to complain to a court about the inter-district prosecutor's office's decisions of 29 January and 29 June 2007 under the provisions of Chapter 13 of the CCP, as suggested by the Government.
61. As to the Government's assertion that the applicant could have complained about the unlawfulness of his detention to a prosecutor or a court under Articles 124 and 125 of the CCP, the Court observes that Chapter 16 of the CCP concerns the possibility for "parties to criminal proceedings" to challenge decisions taken in the course of a preliminary investigation, such as a decision not to initiate criminal proceedings or a decision to discontinue them. There is no indication that the applicant was a party to criminal proceedings within the meaning given to that phrase by the Russian courts (see Muminov v. Russia, No. 42502/06, § 115, 11 December 2008, and Nasrulloyev v. Russia, No. 656/06, § 89, 11 October 2007). Furthermore, the Government have provided no explanation as to how the applicant could have claimed to qualify as "other persons" within the meaning of Article 123 of the CCP to be able to challenge officials' acts and decisions "touching upon" his interests. Moreover, it is clear from the wording of Article 125 of the CCP that "other persons" within the meaning of Article 123 of the CCP do not have a right to complain before a court about officials' acts and decisions. Thus, the Court is not persuaded that the provisions of Chapter 16 of the CCP could have been applied in the applicant's case as suggested by the Government.
62. In such circumstances the Court concludes that the Government failed to show that the existence of the remedies invoked was sufficiently certain both in theory and in practice and, accordingly, that these remedies lack the requisite accessibility and effectiveness (see A. and E. Riis v. Norway, No. 9042/04, § 41, 31 May 2007, and Vernillo v. France, 20 February 1991, § 27, Series A No. 198). The Government's objection concerning non-exhaustion of domestic remedies must therefore be dismissed.
63. It follows that throughout the term of the applicant's detention pending a decision on his extradition he did not have at his disposal any procedure for a judicial review of its lawfulness. There has therefore been a violation of Article 5 § 4 of the Convention.
(b) Article 5 § 1 of the Convention
64. Article 5 enshrines a fundamental human right, namely the protection of the individual against arbitrary interference by the State with his or her right to liberty (see Aksoy v. Turkey, 18 December 1996, § 76, Reports of Judgments and Decisions 1996-VI). The text of Article 5 makes it clear that the guarantees it contains apply to "everyone" (see A. and Others v. the United Kingdom [GC], No. 3455/05, § 162, ECHR 2009-...). Sub-paragraphs (a) to (f) of Article 5 § 1 contain an exhaustive list of permissible grounds on which persons may be deprived of their liberty and no deprivation of liberty will be lawful unless it falls within one of those grounds (see Saadi v. the United Kingdom [GC], No. 13229/03, § 43, ECHR 2008).
65. It is common ground between the parties that the applicant was detained as a pe
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