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Постановление Европейского суда по правам человека от 30.07.2009 «Дело Алехин (Alekhin) против России» [англ.]





concerning the incorrect legal characterisation of his actions and the lack of evidence of his involvement in the commission of the offences imputed to him were without substance because, in extending the applicant's detention, the court could not make any findings as to his guilt or innocence.
25. On 11 August 2006 the Dzerzhinskiy District Court extended the applicant's detention until 10 October 2006 for the same reasons as before. It also noted that the length of the investigation was justified by the complexity of the case.
26. On 10 October 2006 the Dzerzhinskiy District Court extended the applicant's detention until 10 December 2006 for the same reasons as before.
27. On 6 December 2006 the Dzerzhinskiy District Court extended the applicant's detention until 10 February 2007 for the same reasons as before. It also referred to the applicant's leading position and his active role in the commission of the offences. He was the director of several companies and was suspected of planning and directing, through his connections in business circles, the unlawful business activities carried out by those companies. His position gave him an opportunity to destroy evidence and to intimidate witnesses who were his employees. The court referred to the written submissions by one of the witnesses, who had stated that the applicant had threatened him. The court further noted that the applicant's children had not become abandoned after the applicant's placement in custody. They were in the care of their mother, who was able to support them financially as she had permanent employment.
28. On an unspecified date the investigator applied for a further extension of the applicant's detention. He argued that the case involved several defendants and was extremely complex. The investigation team had already questioned 194 witnesses, conducted 45 searches and 209 inspections and seized 57 bank accounts. They had also carried out one operative experiment, seven identification parades and three confrontations and obtained numerous expert opinions. However, further investigation was necessary. In particular, it was necessary to question more witnesses, obtain more expert opinions and carry out other investigative measures. He further submitted that there was no reason to amend the preventive measure. The applicant was charged with serious criminal offences and there were reasons to believe that he might abscond, reoffend or interfere with the investigation.
29. The applicant asked to be released on bail or under an undertaking not to leave the city. He referred to his frail health, which had deteriorated in detention. He also submitted that his minor child suffered from open tuberculosis.
30. On 5 February 2007 the St Petersburg City Court extended the applicant's detention until 10 June 2007, finding that the applicant had not submitted new arguments warranting his release. It transpired from the medical certificates that he had had an ischaemic stroke and that his right side was paralysed. However, in the court's opinion, this was insufficient to warrant his release. There was no medical evidence showing that the applicant's state of health was incompatible with custody. The applicant's arguments about the absence of corpus delicti in his actions were irrelevant because the court deciding on a preventive measure did not have competence to make any findings as to his guilt or innocence.
31. On an unspecified day the investigator applied for a further extension of the applicant's detention. He argued that the six defendants and their counsel were studying the voluminous case file (68 binders and 145 boxes of material evidence) and that there was no reason to vary the preventive measure.
32. The applicant asked to be released on bail. He submitted that his health had deteriorated, he could not stand or speak



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