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





licant had been put in the van between 10.20 and 11.25 a.m. and arrived at SIZO-4 at 1.50 p.m. The route was 38 kilometres long and took two hours and fifty minutes. The weather on that day was between + 3 and 5 °C. The applicant had not complained about the conditions of transport. The Government submitted documents in support of their allegations, in particular reports dated 21 December 2007 by the maintenance technician and the convoys, waybills and a weather report for that day.
74. In SIZO-4 the applicant was placed in the medical wing, where he remained until 1 February 2008. He received treatment for hypertension. According to the applicant, the medical wing did not have the requisite cardiological equipment and there was only one doctor for 2,000 detainees.
75. On 1 February 2008 the applicant was transferred to an ordinary cell, where he remained until 2 February 2009. He continued to receive treatment for hypertension and was regularly examined by the remand centre doctor. In February 2008 the doctor examined him once a week, and starting from March 2008 once or twice a month. After each visit the doctor noted that the applicant's condition was satisfactory and prescribed further treatment. He noted that the applicant could walk using support. However, he refused to leave his cell. His right arm remained paralysed and the motor functions of his right leg remained impaired.
76. It appears that on 2 February 2009 the applicant was transferred to a correctional colony where he is now serving his sentence.

C. Family visits

77. The applicant stated that family visits had been restricted. His wife had been allowed to visit him only three times in 2006. No visits had been permitted in 2007.
78. According to the Government, the applicant was visited by his wife and mother on 30 March, 6 and 20 July, 3 August and 21 and 28 December 2006 and on 30 January 2008. None of his requests for permission to see his family had been refused. He did not request any visits in 2007.

II. Relevant domestic law

A. Detention pending trial and judicial review of detention

79. Since 1 July 2002 criminal-law matters have been governed by the Code of Criminal Procedure of the Russian Federation (Law No. 174-FZ of 18 December 2001 - "the CCrP").
80. "Preventive measures" (меры пресечения) include an undertaking not to leave a town or region, personal surety, bail and detention (Article 98). If necessary, the suspect or accused may be asked to give an undertaking to appear (обязательство о явке) (Article 112).
81. When deciding on a preventive measure, the competent authority is required to consider whether there are "sufficient grounds to believe" that the accused would abscond during the investigation or trial, reoffend or obstruct the establishment of the truth (Article 97). It must also take into account the gravity of the charge, information on the accused's character, his or her profession, age, state of health, family status and other circumstances (Article 99).
82. Detention may be ordered by a court if the charge carries a sentence of at least two years' imprisonment, provided that a less restrictive preventive measure cannot be applied (Article 108 § 1).
83. After arrest the suspect is placed in custody "during the investigation". The maximum permitted period of detention "during the investigation" is two months but it can be extended for up to eighteen months in "exceptional circumstances" (Article 109 §§ 1 - 3). The period of detention "during the investigation" is calculated up to the day when the prosecutor sends the case to the trial court (Article 109 § 9).
84. From the date the prosecutor forwards the case to the trial court, the defendant's detention is "before the court" (or "during the judicial proceedings"). Within fo



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