Постановление Европейского суда по правам человека от 29.10.2009 «Дело Сатабаева (Satabayeva) против России» [англ.]

liberty. In Matyush v. Russia (No. 14850/03, § 73, 9 December 2008), the Court found a four-day delay in release to be incompatible with Article 5 § 1 of the Convention.
140. Therefore, assuming that Yusup Satabayev remained in detention for five days from 27 July to 1 August 2000 because of the delay in transmission of the order on his release to the detention facility, it follows that his detention within this period was not covered by sub-paragraph (c) of paragraph 1 of Article 5 and did not fall within the scope of any of the other sub-paragraphs of that provision. There has accordingly been a breach of Article 5 § 1 in this respect.
141. As regards the subsequent period of Yusup Satabayev's detention from 1 to 14 August 2000, the Court has already noted the contradictory nature of the Government's submissions (see paragraph 108 above). Having first submitted that Yusup Satabayev was arrested on 1 August 2000, they later stated that he had been arrested on 4 August 2000. However, in the decision to institute criminal proceedings of 18 October 2000 and subsequent decisions to suspend and resume the investigation which have been made available to the Court, it is stated that Yusup Satabayev and three other men were arrested on 1 August 2000. At the same time, according to the Government's account of the information received from remand prison IZ-20/2, Yusup Satabayev was held in the remand prison until 1 August 2000, when he was transferred to the detention facility of the Urus-Martan VOVD.
142. However, the Court does not consider that it is called upon to resolve the above contradictions, for the following reasons. Should the Court rely on the Government's submission that Yusup Satabayev was detained on 4 August 2000 on the basis of Presidential Decree No. 1815 of 2 November 1993 on Measures for the Prevention of Vagrancy and Mendicancy, this would lead to the conclusion that from 1 to 4 August 2000 he was detained without any legal basis. However, even relying on the Government's initial submissions that Yusup Satabayev's detention pursuant to the Decree began on 1 August 2000, the Court notes, firstly, that it harbours doubts as to whether the Decree in question could in principle constitute a legal basis for his detention, since it does not provide grounds for detention, but establishes the time-limits for placement in rehabilitation institutions. Furthermore, the Court finds it difficult to accept that the Decree could have been applicable in the present circumstances, and that the detention could therefore have fallen within the scope of Article 5 § 1 (e), since it is far from clear how a person can be arrested for vagrancy having already been placed in custody and remained continuously in detention. Yet, even assuming that the Decree could have been applied in the present case and constituted a legal basis for Yusup Satabayev's detention, the Government have failed to submit to the Court a prosecutor's order for his detention which, according to section 3 of the Decree, was a prerequisite for placement in a rehabilitation centre. Thus, Yusup Satabayev's detention from 1 to 14 August 2000 was not in conformity with either the domestic law or with Article 5 § 1 (e) of the Convention (Bitiyeva and X v. Russia, Nos. 57953/00 and 37392/03, § 115, 21 June 2007).
143. As regards the subsequent period, although the Government alleged that Yusup Satabayev had been released on 14 August 2000, they provided no proof to this effect, such as extracts from the detention facility register.
144. Moreover, according to the reply of the head of the Urus-Martan VOVD of 7 September 2000, which the applicant submitted to the Court, Yusup Satabayev was neither arrested by the Urus-Martan VOVD nor detained therein. Therefore, his detention was not acknowledged, was not logged in any custody records and there exists no official trace of his subseq



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