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

otes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

1. General principles

129. The Court reiterates that Article 5 § 4 of the Convention proclaims the right to a speedy judicial decision concerning the lawfulness of detention and ordering its termination if it proves unlawful (see Baranowski v. Poland [GC], No. 28358/95, ECHR 2000). There is a special need for a swift decision determining the lawfulness of detention in cases where a trial is pending, because the defendant should benefit fully from the principle of the presumption of innocence (see {Ilowiecki} v. Poland, No. 27504/95, § 76, 4 October 2001).
130. Article 5 § 4 does not compel the Contracting States to set up a second level of jurisdiction for the examination of the lawfulness of detention. However, where national law provides for a system of appeal, the appellate body must also comply with the requirements of Article 5 § 4, in particular, as concerns the speediness of the review by the appellate body of a detention order imposed by the lower court (see Lebedev, cited above, § 96). At the same time, the standard of "speediness" is less stringent when it comes to proceedings before the court of appeal. The Court reiterates in this connection that the right of judicial review guaranteed by Article 5 § 4 is primarily intended to avoid arbitrary deprivation of liberty. However, if the detention is confirmed by a court it must be considered to be lawful and not arbitrary, even where an appeal is available (ibid.). Subsequent proceedings are less concerned with arbitrariness, but provide additional guarantees aimed primarily at an evaluation of the appropriateness of continuing the detention (loc. cit.). Therefore, the Court would be less concerned with the speediness of the proceedings before the court of appeal if the detention order under review was imposed by a court and on condition that the procedure followed by that court had a judicial character and afforded to the detainee the appropriate procedural guarantees.

2. Application in the present case

131. On 5 June 2006 the applicant appealed against the extension order of 2 June 2006. He submitted further statements of appeal on 7, 13 and 19 June 2006. Copies of those statements were sent to the other parties to the proceedings for comment before 21 July 2006. On 26 July 2006 the detention file was dispatched from Tomsk to Moscow where the Supreme Court is situated. The latter received it on 3 August 2006. On 22 September 2006 the Supreme Court upheld the order.
132. On 31 July 2007 the Regional Court rejected the applicant's application for release and extended his detention. The applicant's counsel appealed on 8 August 2007. A copy of the statement of appeal was sent to the other parties to the proceedings for comment before 23 August 2007. The applicant submitted an additional statement of appeal on 15 August 2007. A copy of it was sent to the parties on 20 August 2007 for comment before 3 September 2007. On 4 September 2007 the detention file was dispatched to the Supreme Court, which received it on 14 September 2007. Due to a typing error in the detention order, the file had to be returned to the Regional Court, which required additional time in which to study it. On 6 December 2007 the Supreme Court upheld the order.
133. The Government have not adduced any evidence which would disclose that, having lodged those appeals, the applicant caused any significant delays in their examination. Thus, the Court finds that the periods from 21 June to 22 September 2006 and from 3 September to 6 December 2007 are attributable to the State.
134. The Court considers that such delays cannot be considered compatible with the "speediness" requirement of Article 5 § 4 (see Lebedev, cited above, §§ 102 and 108; Mamedova v



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