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





ecision was otherwise incompatible with the requirements of Article 5 § 1, the question of the sufficiency and relevance of the grounds relied on being analysed below in the context of compliance with Article 5 § 3 of the Convention.
75. Accordingly, the Court finds that there has been no violation of Article 5 § 1 (c) of the Convention on account of the applicant's detention from 25 September to 24 December 2003.

II. Alleged violation of Article 5 § 3 of the Convention

76. The applicant complained that the length of his pre-trial detention was unreasonable, in breach of Article 5 § 3 of the Convention, which reads as follows:
"Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial."

A. Submissions by the parties

77. The Government claimed that the applicant had failed to exhaust domestic remedies as the only appeal he had lodged was against the detention order of 25 September 2003. They further submitted that the length of the applicant's detention on remand had not been excessive. The extensions of the detention had been necessary in the circumstances of the case, in particular taking into account the gravity of the charges against the applicant and the risk of his obstructing the examination of the case, if released.
78. The applicant replied that the domestic courts had not provided any evidence to show that he had been genuinely liable to re-offend, abscond or pervert the course of justice. The only reason for his continued detention was the gravity of the charges against him.

B. The Court's assessment

1. Admissibility

79. The Court reiterates that the purpose of the rule requiring domestic remedies to be exhausted is to afford the Contracting States the opportunity of preventing or putting right the alleged violations before those allegations are submitted to the Court (see, among many other authorities, Selmouni v. France [GC], No. 25803/94, § 74, ECHR 1999-V). In the context of an alleged violation of Article 5 § 3 of the Convention, this rule requires that the applicant give the domestic authorities an opportunity to consider whether his right to trial within a reasonable time has been respected and whether there exist relevant and sufficient grounds continuing to justify the deprivation of liberty.
80. Following his arrest on 6 March 2000 the applicant remained in pre-trial detention until his conviction on 25 August 2004. It is not disputed that he did not lodge any appeals against the prosecutors' orders and the decisions of the Supreme Court of the Tyva Republic extending his detention until 24 September 2003. He did, however, challenge the later detention order of 25 September 2003 before the Supreme Court of the Russian Federation, which on 4 December 2003 held that the applicant's detention had been lawfully extended at regular intervals. The Court thus considers that, although the applicant did not lodge appeals against the extension orders issued before September 2003, by lodging an appeal against the subsequent detention order of 25 September 2003 he gave an opportunity to the Supreme Court of the Russian Federation to consider whether his detention was compatible with his Convention right to trial within a reasonable time or release pending trial. Indeed, the Supreme Court had to assess the necessity of further extensions in the light of the entire preceding period of detention, taking into account how much time had already been spent in custody (see, for similar reasoning, Lyubimenko v. Russia, No. 6270/06, § 62, 19 March 2009 and Polonskiy v. Russia, No. 30033/05, § 132,



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