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





ry and that they remain in custody pending trial.
18. On 13 October 2004 the Volgograd Regional Court extended the defendants' detention until 12 January 2005, referring to the gravity of the charges.
19. On 12 January 2005 the Volgograd Regional Court extended the defendants' detention until 12 April 2005, referring to the gravity of the charges and the risk that they might put pressure on witnesses and jurors.
20. On 7 April 2005 the Volgograd Regional Court extended the defendants' detention until 12 July 2005. The Regional Court found that, in view of the gravity of the charges, it was "opportune" to keep the defendants in custody. It rejected their requests to release them under an undertaking not to leave the town, since it could not exclude the risk that they would put pressure on witnesses or jurors.
21. On 29 June 2005 the Volgograd Regional Court extended the defendants' detention until 12 October 2005. It found that the defendants might interfere with the proceedings, as they were charged with serious criminal offences, including the charge of being members of an armed criminal gang.
22. On 4 October 2005 the Volgograd Regional Court extended the defendants' detention until 12 January 2006 for the same reasons as before.
23. The applicant appealed. He submitted that it was not necessary to extend his detention as he was currently serving his sentence under the judgment of 6 April 2004 and for that reason could not tamper with witnesses or threaten jurors. On 8 December 2005 the Supreme Court of the Russian Federation upheld the extension order on appeal.
24. On 22 December 2005 the Volgograd Regional Court examined the prosecutor's request for a new extension. The prosecutor attended the hearing and asked the court to extend the defendants' detention for three months, referring to the gravity of the charges. It transpires from the hearing record that the applicant was not brought to the courtroom as he was in hospital receiving treatment for tuberculosis. The judge asked counsel for the applicant whether she had any objections to the hearing being held in the applicant's absence. Counsel stated that she had no objections. On the same day the Volgograd Regional Court extended the defendants' detention until 12 April 2006. It found that there was a risk that the defendants might intimidate witnesses and jurors as they were charged with particularly serious criminal offences, including membership of an armed criminal gang and murder.
25. In his appeal submissions the applicant complained that the hearing had been held in his absence. On 4 April 2006 the Supreme Court upheld the extension order on appeal, finding that it had been lawful and justified.
26. On 10 April and 5 July 2006 the Volgograd Regional Court extended the defendants' detention for the same reasons as before.
27. On 2 October 2006 the Volgograd Regional Court extended the defendants' detention until 12 January 2007, referring to the gravity of the charges and the defendants' "characters". The court also indicated that the purpose of the detention was to eliminate any risk of the defendants' absconding, reoffending or hampering the court proceedings.
28. In his appeal submissions the applicant complained that the extension order had been poorly reasoned and had not been supported by relevant facts. The Regional Court had disregarded his arguments that he was suffering from tuberculosis and that his health had deteriorated in detention. He also complained that he had not been given access to the materials submitted by the prosecution in support of their request for extension.
29. On 28 December 2006 the Supreme Court upheld the extension order on appeal, finding that it had been lawful, well-reasoned and justified. The defendants were charged with serious criminal offences



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