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Постановление Европейского суда по правам человека от 30.07.2009 «Дело Сергей Медведев (Sergey Medvedev) против России» [англ.]





rskoy District Court of Moscow for a custody order. He submitted that the applicant had been charged with a serious criminal offence, had no permanent place of residence in Moscow and had been previously fined in administrative proceedings for commission of disorderly acts. Therefore, there were reasons to believe that he might abscond or reoffend.
11. On 17 May 2006 the Tverskoy District Court ordered the applicant's placement in custody, referring to the gravity of the charge and the risk of his absconding or reoffending.
12. The applicant appealed. He complained that the District Court had disregarded pertinent facts such as his lack of a criminal record, his permanent residence and positive references and his frail health. The conclusion that he might flee or reoffend was hypothetical and was not supported by relevant facts.
13. On 7 June 2006 the Moscow City Court upheld the decision on appeal, finding that it had been lawful, well-reasoned and justified. Before ordering the applicant's placement in custody the District Court had reviewed the materials submitted by the prosecution and had taken into account the applicant's character and personal situation.
14. On 30 October 2006 a member of Parliament offered his personal guarantee that the applicant would not abscond.
15. On 14 September 2006 the Tverskoy District Court extended the applicant's detention until 15 November 2006, finding that there was no reason to vary the preventive measure. On 18 December 2006 the Moscow City Court upheld the extension order on appeal, finding that it had been lawful and justified.
16. On 13 November 2006 the Tverskoy District Court extended the applicant's detention until 16 January 2007 for the same reasons as before. On 10 January 2007 the Moscow City Court upheld the extension order on appeal.
17. On an unspecified date in December 2006 an additional charge of infliction of injuries, an offence under Article 112 § 2 of the Criminal Code, was brought against the applicant.
18. On 16 January 2007 the Tverskoy District Court extended the applicant's detention until 16 March 2007, referring to the gravity of the charges, the risk that he might abscond, reoffend or interfere with the proceedings and the need for further investigation.
19. In his appeal submissions the applicant asked to be released on bail. On 14 February 2007 the Moscow City Court upheld the extension order on appeal, finding that it had been lawful, well-reasoned and justified.
20. On an unspecified date the investigation was completed and six defendants including the applicant were committed for trial.
21. On 12 March 2007 the Taganskiy District Court of Moscow scheduled a preliminary hearing for 20 March 2007 and held that all the defendants should remain in custody. It found that the defendants had been charged with a serious offence committed by an organised group, some members of which had not yet been identified, referred to the defendants' characters and concluded that they might abscond or intimidate the victims and witnesses.
22. On 27 March 2007 the Taganskiy District Court held a preliminary hearing. It refused the defendants' requests for release, citing the gravity of the charges against them and the risk of their absconding, reoffending or obstructing justice. In respect of the applicant's "character" the court noted that he had a record of administrative offences.
23. On 24 May 2007 the Taganskiy District Court remitted the case for further investigation and ordered that all the defendants should remain in custody. It found that the defendants' characters and the gravity of the charges against them gave reasons to believe that they might abscond, reoffend or interfere with the proceedings. In respect of the applicant's "character" the court noted that he had a record of ad



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