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Постановление Европейского суда по правам человека от 09.07.2009 «Дело Кононович (Kononovich) против России» [англ.]





f Moscow authorised the applicant's detention. The court reasoned that the applicant should remain in custody pending the collection of the evidence necessary for the preparation of his indictment.
12. On 30 June 2000 the applicant was charged with several counts of theft. He denied any involvement in the crimes he was charged with.
13. On 10 August 2000 the prosecutor granted the investigator's request to extend the detention of the applicant and two other defendants until 21 September 2000. The investigator reasoned that he needed more time "to investigate additional criminal acts committed by [the defendants], to join the criminal case-files, to finalise the bill of indictment and to carry out other investigative tasks in order to complete the preliminary investigation".
14. On 8 September 2000 the prosecutor granted the investigator's request to extend the defendants' detention until 21 November 2000. The investigator reproduced verbatim the reasoning of his previous request.
15. On 12 October 2000 the Tverskoy District Court of Moscow dismissed the applicant's application for release. The court noted that the gravity of the charges alone could justify the applicant's detention pending investigation and trial. It also referred to the applicant's previous conviction and another pending criminal investigation against him.

B. First set of criminal proceedings

16. On 27 November 2000 the Nikulinskiy District Court scheduled the first hearing of the matter for 8 December 2000. The court ruled that the applicant and two other defendants should remain in custody pending trial. No time-limits or reasons justifying the defendants' detention were indicated.
17. Between 8 December 2000 and 14 June 2001 the court held twenty-one hearings of the case. On twenty occasions the hearing was adjourned due to the representatives of the defendants' failure to appear or their need to study the case-file.
18. On 14 June 2001 the District Court extended the applicant's detention for three months. The court issued an order in respect of the three defendants, reasoning that their release "might impede a thorough, complete and objective examination of the case". On 13 August 2001 the Moscow City Court upheld the decision of 14 June 2001 on appeal.
19. On 6 August 2001 the District Court found certain procedural irregularities in the bill of indictment and remitted the case to the prosecutor's office for their rectification. The court ordered that all three defendants should remain in custody. On 6 September 2001 the Moscow City Court quashed the decision of 6 August 2001 on appeal and remitted the case for consideration to the District Court. The City Court also held that the defendants should remain in custody pending trial.
20. On 11 October 2001 the District Court received the case-file and scheduled the hearing for 25 October 2001. The court further extended the detention of the three defendants for three months. The court referred to the gravity of the charges against them and the risk that they might impede the thorough, complete and objective examination of the circumstances of the case. On 13 February 2002 the Moscow City Court quashed the decision of 11 October 2001 on appeal. The City Court held that there was no requirement as a matter of law to decide on the applicant's detention at that point.
21. On 5 December 2001 the applicant complained to the District Court that he had been beaten up by police officers on 20, 21, 22, 23 and 26 June 2000. In support of his allegations, he submitted medical certificates indicating that doctors from the emergency response unit had been summoned by the officer on duty to examine him.
22. On 7 December 2001 the District Court found the applicant guilty as charged.
23. On 1 April 2002 the Moscow



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