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

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF MALKIN v. RUSSIA
(Application No. 67363/01)

JUDGMENT <*>
(Striking out)

(Strasbourg, 8.X.2009)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Malkin v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Nina {Vajic} <*>, President,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 17 September 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 67363/01) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Boris Mironovich Malkin ("the applicant"), on 28 November 2000.
2. The applicant, who had been granted legal aid, was represented by Mr V. An, a lawyer practising in Barnaul. The Russian Government ("the Government") were initially represented by Mr P. Laptev, former Representative of the Russian Federation at the European Court of Human Rights, and subsequently by their Representative, Mr G. Matyushkin.
3. The applicant complained, in particular, that he was kept in detention despite a court decision ordering his release.
4. By a decision of 16 December 2008, the Court declared the application partly admissible.
5. The Government, but not the applicant, filed further written observations (Rule 59 § 1).

THE FACTS

6. The applicant was born in 1948 and lives in Barnaul.
7. On 11 January 1999 the Central district police department of Barnaul opened a criminal case in respect of the applicant's alleged misappropriation of funds from the Rosbankstroy building company. The applicant was the president and a majority shareholder of Rosbankstroy.
8. On 24 June 1999 the prosecutor's office of the Altay Region opened a criminal case concerning allegations of bribery. It was alleged that in order for Rosbankstroy to be chosen as a chief contractor for the building of the Russia Central Bank's main computer centre in Moscow the applicant had bribed a Mr K., who was the head of the Central Bank's construction department. On the same day the prosecutor's office joined both criminal cases into a single set of proceedings.
9. On 25 June 1999 the applicant was charged with bribery and his detention pending trial was ordered by the prosecutor of the Altay Region. He was placed in pre-trial detention facility IZ-17/1 in Barnaul.
10. As the investigation into the bribery charge had been completed, on 5 November 1999 the prosecutor's office severed the proceedings concerning that charge from the other proceedings and on 2 December 1999 transmitted that case to court for trial. The remaining part of the case concerning the allegations of the applicant's misappropriation of Rosbankstroy's funds remained with the prosecutor's office for further investigation since there was insufficient evidence to bring charges against the applicant on that account. It was assigned the number 76574.
11. O



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