Постановление Европейского суда по правам человека от 08.10.2009 «Дело Бордиков (Bordikov) против России» [англ.]

e was placed in hospital to receive special care (ibid.).
70. The Court also notes that although the applicant disputed the adequacy of his treatment, he did not provide a medical opinion confirming his point of view. As regards the heart attack he allegedly had in July 2002, there is nothing in the applicant's medical file to substantiate his allegations. Nor is there any information confirming his placement in hospital during the subsequent days. His complaints that from 14 November to 24 December 2002 and on 5 March 2003 he had not received medical treatment are contrary to the information contained in his medical file. The remainder of his allegations appear to be conjecture not substantiated with any specific information.
71. Thus, having regard to the material in its possession, the Court finds that in the present case it has not been established that the medical assistance the applicant received from 2001 to 2003 while in pre-trial detention was inadequate, or that the his state of health deteriorated beyond the natural course of his disease, or that he suffered extensively as a result of insufficient medical care.
72. Accordingly, there has been no violation of Article 3 on account of the alleged inadequacy of the medical treatment the applicant received while in pre-trial detention.

II. Alleged violation of Article 5 of the Convention

73. The applicant complained of the length of his detention on remand and that the decisions extending his pre-trial detention had not been founded on sufficient grounds. In substance he relied on Article 5 § 3 of the Convention, which reads as follows:
"Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be... entitled to trial within a reasonable time or to release pending trial..."

A. The parties' submissions

74. The Government submitted that the applicant's detention during the investigation stage had been compatible with the requirements of Article 5 § 3 of the Convention, which allowed persons charged with particularly serious criminal offences to be held in custody because of the danger of their absconding and the need to prevent them from committing further offences. During the preliminary investigation the applicant's detention had been extended on several occasions not only because of the gravity of the charges against him but also because of his failure to comply with the undertaking to appear. Furthermore, there had been indications of the applicant's continued involvement in drug dealing even after the charges had been brought against him. The Government also submitted that the length of the applicant's detention was accounted for by the length of time taken to examine his criminal case, to which the applicant had contributed by failing to appear in court on numerous occasions.
75. The applicant submitted that his detention had been unreasonable because of his poor health and the nature of his offences.

B. The Court's assessment

1. The period to be taken into consideration

76. The Court reiterates that, in determining the length of detention pending trial under Article 5 § 3 of the Convention, the period to be taken into consideration begins on the day the accused is taken into custody and ends on the day when the charge is determined, even if only by a court of first instance (see, among other authorities, Wemhoff v. Germany, 27 June 1968, § 9, Series A No. 7, and Labita v. Italy [GC], No. 26772/95, §§ 145 and 147, ECHR 2000-IV).
77. In the present case, the applicant's pre-trial detention consisted of four separate periods: (1) from the day of his first arrest on 20 March 1995 until his release on 23 March 1995; (2) from 29 April 1998, when he was again arrested, until 24 July 1



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