Постановление Европейского суда по правам человека от 17.09.2009 «Дело Евдокимов (Yevdokimov) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF YEVDOKIMOV v. RUSSIA
(Application No. 17183/05)

JUDGMENT <*>

(Strasbourg, 17.IX.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 Yevdokimov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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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,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 27 August 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 17183/05) 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 Aleksey Petrovich Yevdokimov ("the applicant"), on 12 April 2005.
2. The Russian Government ("the Government") were represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
3. On 23 January 2007 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. The circumstances of the case

4. The applicant was born in 1982 and lives in Saransk, the Republic of Mordovia.
5. On 15 March 2003 the applicant was arrested on suspicion of theft and detained pending trial. He was allegedly ill-treated by the police who sought to extract a confession.
6. On 6 October 2003 the Oktyabrskiy District Court of Saransk convicted the applicant of theft and sentenced him to three years' imprisonment. However, on 11 February 2004 the Supreme Court of the Republic of Mordovia quashed his conviction on appeal and remitted the case for a retrial.
7. On 25 May 2004 the Oktyabrskiy District Court of Saransk again convicted the applicant of theft and sentenced him to two years and two months' imprisonment. On 13 October 2004 the Supreme Court upheld the conviction and sentence on appeal. The time spent in detention pending trial was to be counted towards the sentence. Thus, the applicant would have served his sentence by 15 May 2005.
8. On 31 March 2005, following a request for supervisory review by the applicant, the Presidium of the Supreme Court of the Republic of Mordovia reduced his sentence to two years' imprisonment. The applicant was present and took part in the supervisory-review proceedings. Thus, according to article 408 § 3 of the Code of Criminal Procedure the applicant should have been released immediately. However, he was returned to the prison. Once the prison administration received the decision of the Presidium of the Supreme Court, the applicant was released on 7 April 2005.
9. The applicant then brought proceedings for compensation in respect of the excess time he had spent in prison.
10. On 18 May 2006 the Leninskiy District Court of Saransk dismissed his claims. It held that the delay in his release had been due to the supervisory-review procedure, which had ended on 31 March 2005, and to the



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