Постановление Европейского суда по правам человека от 18.06.2009 «Дело Штейн (Shteyn (Stein)) против России» [англ.]

til 2 August and 2 September 2005 respectively.
8. The investigator sought another extension, explaining that she needed more time to receive the forensic reports, list the full charges against the applicant and his co-accused, allow them to study the reports and other materials in the case file and draft a bill of indictment. On 31 August 2005 the Oktyabrskiy District Court of Tomsk decided to keep the applicant in detention until 2 December 2005 (that is for a total period of eleven months and twenty-four days). The court ruled in the following terms:
"The time-limit for the preliminary investigation has not expired. The court grants the investigator's request for an extension until 2 December 2005 so as to enable her to take certain investigative measures. The court takes into account the gravity of the charges, the exceptional complexity of the case in view of the number of persons involved in the drug trafficking and the close link between them. In addition, given that [the applicant] has both Russian and German nationality but has no permanent place of residence in Russia, the court finds that there are reasons to believe that he would abscond, fearing an eventual custodial sentence, and would then obstruct the proceedings...In view of the above, a less stringent measure of restraint would be inappropriate."
9. On 25 October 2005 the applicant was charged with membership of a criminal gang, a further count of drug smuggling and a further count of supplying drugs committed as part of an organised group.
10. The investigator sought a further extension, stating in her request that the applicant's guilt had been proven; however, it was impracticable to complete the investigation before 2 December 2005. On 30 November 2005 the Tomsk Regional Court extended his detention until 2 January 2006 and held as follows:
"On 25 November 2005 investigator Matveyeva, having obtained approval from the Tomsk regional prosecutor, lodged a request dated 24 November 2005 asking the court to extend [the applicant's] detention for one month, increasing the period of detention to twelve months and twenty-four days, that is until 2 January 2006...The accused was given access to the case file more than thirty days before the expiry of the maximum period of detention (28 October 2005). However, thirty days were not sufficient for the accused and the reasons for his detention persist. Thus, given the gravity of the charges, the specific circumstances of the case and his personality, as well as the lack of a permanent place of residence in Russia and the possibility that he would flee justice and resume his criminal activity, he should remain in detention."
The applicant appealed and sought his release on bail, referring to the fact that the investigation had been completed. The Supreme Court of the Russian Federation upheld the extension order on 27 February 2006.
11. On 29 December 2005 the Regional Court extended the applicant's detention for two months, reproducing the reasoning of the earlier orders. It held that the relevant period would end on 2 March 2006 and that the total period of detention would amount to fourteen months and twenty-four days.
12. On 23 January 2006 the applicant was committed for trial at the Regional Court. On 7 February 2006 the Regional Court decided to maintain the applicant in detention pending trial (see paragraph 57 below), endorsing the reasoning of the pre-trial detention orders. It did not set any time-limit.
13. On 13 February 2006 the judge held that a co-defendant's (Mr Z) counsel had previously represented another person when the latter testified against the defendants. The judge concluded that Z's defence rights had been affected, and returned the case to the prosecutor for "remedying the violation" with reference to Article 237 of the CCrP (see paragraph 58 below). Without setting any tim



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