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





cter or behaviour that would justify their conclusion that he presented such risks. Nor did they address the fact that the applicant had not fled, reoffended or interfered with the investigation during the month that had passed between the events in question and his arrest, although he had had an opportunity to do so.
55. The Court notes the Government's argument that the applicant had been suspected of membership of an extremist organisation and had also been likely to communicate details of the investigation to his accomplices. However, it is not the Court's task to assume the place of the national authorities who ruled on the applicant's detention and to supply its own analysis of facts arguing for or against detention (see Nikolov v. Bulgaria, No. 38884/97, § 74, 30 January 2003, and Labita, cited above, § 152). Those circumstances were referred to for the first time in the proceedings before the Court and the domestic courts never mentioned them in their decisions.
56. The Court further observes that while the case was pending before the trial court - from March to May and from July 2007 onwards - the trial court used the same summary formula to refuse the requests for release and extend the detention of seven persons, without describing their personal situation in any detail. The Court has already found that the practice of issuing collective detention orders without a case-by-case assessment of the grounds for detention in respect of each detainee was incompatible, in itself, with Article 5 § 3 of the Convention (see Shcheglyuk v. Russia, No. 7649/02, § 45, 14 December 2006; Korchuganova, cited above, § 76; and Dolgova v. Russia, No. 11886/05, § 49, 2 March 2006). By extending the applicant's detention by means of collective detention orders the domestic authorities had no proper regard to his individual circumstances.
57. Finally, the Court notes that when deciding whether a person should be released or detained the authorities have an obligation under Article 5 § 3 to consider alternative measures of ensuring his or her appearance at trial. This Convention provision proclaims not only the right to "trial within a reasonable time or to release pending trial" but also lays down that "release may be conditioned by guarantees to appear for trial" (see Sulaoja v. Estonia, No. 55939/00, § 64 in fine, 15 February 2005, and {Jablonski}, cited above, § 83). In the present case the authorities never considered the possibility of ensuring the applicant's attendance by the use of a more lenient preventive measure, although he asked to be released on bail and provided the domestic courts with the personal surety of a member of Parliament.
58. The Court has frequently found a violation of Article 5 § 3 of the Convention in Russian cases where the domestic courts extended an applicant's detention relying essentially on the gravity of the charges and using stereotyped formulae without addressing his or her specific situation or considering alternative preventive measures (see Belevitskiy v. Russia, No. 72967/01, §§ 99 et seq., 1 March 2007; Khudobin v. Russia, No. 59696/00, §§ 103 et seq., ECHR 2006-... (extracts); Mamedova v. Russia, cited above, §§ 72 et seq.; Dolgova v. Russia, cited above, §§ 38 et seq.; Khudoyorov v. Russia, cited above, §§ 172 et seq.; Rokhlina v. Russia, cited above, §§ 63 et seq.; Panchenko v. Russia, cited above, §§ 91 et seq.; and Smirnova v. Russia, Nos. 46133/99 and 48183/99, §§ 56 et seq., ECHR 2003-IX (extracts)).
59. Having regard to the above, the Court considers that by failing to address his specific situation or consider alternative "preventive measures" and by relying essentially on the gravity of the charges, the authorities extended the applicant's detention on grounds which, although "relevant", cannot be regarded as "sufficient" for the entire period of detention. In these circumstances it is not necessary to



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