Under the old CCrP, the appeal court was required to examine an appeal against the first-instance judgment within ten days after it was lodged. In exceptional circumstances or in complex cases or in proceedings before the Supreme Court this period could be extended by up to two months (Article 333). No further extensions were possible.
The new CCrP provides that the appeal court must start the examination of the appeal no later than one month after it is lodged (Article 374).
THE LAW
I. Alleged violation of Article 5 § 1 (c) of the Convention
58. The applicant complained under Article 5 § 1 (c) of the Convention that his detention had been unlawful. The relevant parts of Article 5 provide:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
...
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so..."
A. Submissions by the parties
59. The Government, firstly, noted that the applicant had failed to exhaust domestic remedies as he had only appealed against the detention order of 25 September 2003. In the alternative, the Government submitted that the applicant's detention had been regularly extended by the competent domestic authorities with reference to the gravity of the charges against him and other relevant grounds which had precluded the applicant's release.
60. The applicant maintained his complaints, arguing that his detention had been unlawful from the very beginning, when the domestic authorities had decided to revoke the written undertaking not to leave his town of residence and had remanded him in custody for no apparent reason. He further referred to certain periods in his detention which had not been covered by any legal order. In particular, he referred to the period from 21 January to 20 March 2001 and from 24 to 25 September 2003.
B. The Court's assessment
1. Admissibility
(a) Six-month issue
61. The Court observes at the outset that a part of the applicant's complaint refers to a period of pre-trial detention which ended more than six months before he lodged the application with the Court on 12 April 2004. The most recent period of detention which the Court may examine commenced on 24 September 2003 when the three-month period of detention covered by the order of 24 June 2003 expired (see paragraph 28 above). On 25 September 2003 the Supreme Court of the Tyva Republic issued the subsequent decision, meant to cover the period of the applicant's detention for an additional three months, starting from 24 September 2003 (see paragraph 30 above). The final decision concerning the lawfulness of that order was given on 4 December 2003, that is, within the six months preceding the lodging of the application (see paragraph 32 above). The Court therefore considers that the part of the applicant's complaints concerning the alleged unlawfulness of his detention before 24 September 2003 has been introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention (see Salmanov v. Russia (dec.), No. 3522/04, 19 January 2006; Korchuganova v. Russia, No. 75039/01, § 44, 8 June 2006; {Pavlik} v. Slovakia, No. 74827/01, § 89, 30 January 2007; and Ignatov v. Russia, No. 27193/02, § 71, 24 May 2007).
(b) Exhaustion issue
62. The Court further notes the Government's submission, which was not contested by the applicant, that he had failed to appeal against
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