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

alled upon to decide whether or not there has been a violation of Article 5 § 3 of the Convention (see Korchuganova v. Russia, No. 75039/01, § 72, 8 June 2006; Ilijkov, cited above, § 86; and Labita, cited above, § 152).
(b) Application to the present case
(i) Period to be taken into consideration
83. The Court observes that Article 5 § 3 applies solely in the situation envisaged in Article 5 § 1 (c) with which it forms a whole. It ceases to apply on the day when the charge is determined, even if only by a court of first instance, as from that day on the person is detained "after conviction by a competent court" within the meaning of Article 5 § 1 (a) (see Solmaz, cited above, §§ 24 to 26, and B. v. Austria, 28 March 1990, §§ 36 - 39, Series A No. 175).
84. The applicant was remanded in custody on 29 April 2003 on charges of membership of an armed criminal gang, robbery, extortion, kidnapping, infliction of serious injuries and murder. He has been held in detention pending trial ever since. During part of that period, from 9 February to 20 May 2004, he was concurrently serving a sentence after a conviction for theft in an unrelated criminal case. The Court must verify which subparagraph of Article 5 § 1 was applicable during that period with a view to determining whether it should be taken into consideration for the purposes of Article 5 § 3.
85. The Court reiterates in this connection that the applicability of one ground listed in Article 5 § 1 does not necessarily preclude the applicability of another and detention may be justified under more than one sub-paragraph of that provision (see, among many others, Brand v. the Netherlands, No. 49902/99, § 58, 11 May 2004, and Johnson v. the United Kingdom, 24 October 1997, § 58, Reports of Judgments and Decisions 1997-VII). In particular, in the case of Eriksen v. Norway, the Court considered that the applicant's detention was justified under both sub-paragraphs (a) and (c) of Article 5 § 1 and found that Article 5 § 3 was applicable (see Eriksen v. Norway, 27 May 1997, § 92, Reports of Judgments and Decisions 1997-III).
86. In the present case, on 9 February 2004 the applicant was convicted of theft and sentenced to a term of imprisonment which he completed on 20 May 2004. During that period he was detained "after conviction by a competent court" within the meaning of Article 5 § 1 (a). At the same time, he was held in custody in connection with an unrelated set of criminal proceedings for the purpose of bringing him before the competent legal authority on suspicion of being a member of an armed criminal gang and having committed robbery, extortion, kidnapping, infliction of serious injuries and murder, a situation envisaged in Article 5 § 1 (c). It accordingly follows that, from 9 February to 20 May 2004, the applicant's deprivation of liberty fell within the ambit of both sub-paragraphs (a) and (c) of Article 5 § 1. Taking into account that the applicant was detained on the basis of Article 5 § 1 (c), and notwithstanding the fact that his detention was also grounded on Article 5 § 1 (a), the Court considers that this period should be taken into consideration for the purposes of Article 5 § 3. Therefore, the applicant has been continuously detained pending trial on charges of membership of an armed criminal gang, robbery, extortion, kidnapping, infliction of serious injuries and murder, since his placement in custody on 29 April 2003, that is for more than six years and two months.
(ii) Reasonableness of the length of the period in issue
87. It is not disputed by the parties that the applicant's detention was initially warranted by a reasonable suspicion of his membership of an armed criminal gang and his involvement in the commission of robbery, extortion, kidnapping, infliction of serious injuries and murder. It remains to be ascertained whether the judicial authorities gave "relevant



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