19 March 2009). In these circumstances, the Government's objection of non-exhaustion of domestic remedies must be dismissed in so far as it concerned the applicant's failure to appeal against the detention orders issued before 25 September 2003 (see Shcheglyuk v. Russia, No. 7649/02, § 36, 14 December 2006, and Pshevecherskiy v. Russia, No. 28957/02, § 51, 24 May 2007).
81. The Court further notes that 4 December 2003 was the most recent date on which the appeal court examined the question of the applicant's continued detention. It reiterates that on that date the Supreme Court upheld the order of 25 September 2003 extending the applicant's detention until 24 December 2003. The applicant did not challenge any of the orders extending his detention after 24 December 2003. The Government argued that by failing to file appeals, the applicant had denied the domestic authorities an opportunity to consider whether these further extensions were compatible with his Convention right to trial within a reasonable time or release pending trial. They insisted that the Court should reject the applicant's complaints in respect of that period of his pre-trial detention for the failure to exhaust available domestic remedies.
82. In this respect the Court reiterates that the question of exhaustion of domestic remedies in respect of the extension of the applicant's detention after 24 December 2003 will only arise if the examination of the reasons given by the domestic courts in their decisions extending the applicant's detention until that date will lead the Court to the conclusion that by that date the detention had not exceeded a reasonable time. Indeed, the Court has already held that when detention on remand is found to have exceeded a reasonable time on the most recent date when an appeal court examined the detention matter, the detention after that date will also be found, except in extraordinary circumstances, to have necessarily kept such character throughout the time for which it was continued (see {Stogmuller} v. Austria, 10 November 1969, § 12, Series A No. 9, and, most recently, Pshevecherskiy, cited above, § 53).
83. The Court thus considers that the issue of exhaustion of domestic remedies in respect of the applicant's detention after 24 December 2003 is closely linked to the merits of the complaint that his detention before 24 December 2003 had already exceeded a reasonable time, in violation of the requirements of Article 5 § 3 of the Convention. The Court therefore finds it necessary to join the Government's objection to the merits of the applicant's complaint in respect of his detention on remand before 24 December 2003.
84. The Court further notes that the applicant's complaint under Article 5 § 3 of the Convention is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention and is not inadmissible on any other grounds. It must therefore be declared admissible.
2. Merits
(a) General principles
85. Under the Court's case-law, the issue of whether a period of detention is reasonable cannot be assessed in abstracto. Whether it is reasonable for an accused to remain in detention must be assessed in each case according to its special features. Continued detention can be justified only if there are specific indications of a genuine requirement of public interest which, notwithstanding the presumption of innocence, outweighs the rule of respect for individual liberty.
It falls in the first place to the national judicial authorities to ensure that, in a given case, the pre-trial detention of an accused person does not exceed a reasonable time. To this end they must examine all the facts arguing for or against the existence of a genuine requirement of public interest that might justify, with due regard to the principle of the presumption of innocence, a
> 1 2 3 ... 11 12 13 ... 16 17 18
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
