Постановление Европейского суда по правам человека от 30.07.2009 "Дело "Сорокин (Sorokin) против Российской Федерации" [рус., англ.]

Chamber composed of:
Nina {Vajic}, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 7 July 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 7739/06) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Nikolay Nikolayevich Sorokin ("the applicant"), on 18 January 2006.
2. The applicant was represented by Mr S. Kanshin, a lawyer practising in Volgograd. The Russian Government ("the Government") were initially represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights, and subsequently by their Representative, Mr G. Matyushkin.
3. The applicant alleged that his detention pending trial had been excessively long and had not been accompanied by appropriate procedural guarantees.
4. On 31 March 2008 the President of the First Section decided to communicate the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3). The President made a decision on priority treatment of the application (Rule 41 of the Rules of Court).

THE FACTS

I. The circumstances of the case

5. The applicant was born in 1971 and lives in Volgograd.

A. Criminal proceedings on the charges
of theft and forgery of documents

6. On 31 January 2003 the applicant was arrested and charged with two counts of theft and the use of stolen and forged identity documents.
7. On 6 April 2004 the Dzerzhinskiy District Court of Volgograd convicted the applicant as charged and sentenced him to three years and six months' imprisonment starting from 31 January 2003.
8. On 27 July 2004 the Volgograd Regional Court upheld the judgment on appeal.
9. The applicant completed his sentence on 31 July 2006.

B. Criminal proceedings on the charges
of membership of an armed criminal gang, robbery,
extortion, kidnapping and murder

10. On 16 September 2003 the Tsentralniy District Court of Volgograd remanded the applicant in custody on the charge of aggravated murder. It referred to the gravity of the charge and the risk of absconding or interfering with the investigation.
11. On an unspecified date additional charges of membership of an organised criminal group, robbery, extortion and kidnapping were brought against the applicant.
12. On 13 November 2003 the Tsentralniy District Court extended the applicant's detention until 10 January 2004, referring to the gravity of the charges and the need for a further investigation.
13. On 24 December 2003 the Tsentralniy District Court extended the applicant's detention until 10 April 2004. It found that the applicant might abscond or reoffend, as he had been charged with serious criminal offences and was unemployed.
14. In April 2004 the investigation was completed and six defendants, including the applicant, were committed for trial before the Volgograd Regional Court.
15. The defendants asked for trial by jury.
16. On 20 April 2004 the Volgograd Regional Court fixed a preliminary hearing for 27 April 2004 to examine the request. It further held that the defendants should meanwhile remain in custody.
17. On 27 April 2004 the Volgograd Regional Court ordered that the defendants be tried by ju



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