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





was resubmitted to the Tomsk Regional Court for trial. On 9 November 2006 the Regional Court scheduled a preliminary hearing on 20 November 2006, in particular in order to decide on the detention issue. On the latter date, the judge returned the case to the prosecutor with reference to Article 237 of the CCrP and ordered that the applicant be kept in detention considering that he would abscond, if at large.
20. On 28 November 2006 the Regional Court adjourned the proceedings and decided to keep the applicant and co-accused Z in custody considering that they would abscond, if at large. The applicant appealed, contending that there had been no ascertainable facts confirming the risk that he would abscond and referring to his conditions of detention. It is unclear whether that appeal was examined.
21. On 11 December 2006 the Supreme Court upheld the detention order of 26 September 2006 (see paragraph 19 above), finding, inter alia, that the prosecution's failure to observe the seven-day time-limit for lodging that extension request had not amounted to a serious breach of law which would warrant annulment of the order.
22. On 4 May 2007 the Regional Court examined again the issue of the applicant's detention. As the applicant's new counsel T. was away from 23 April to 7 May 2007, the Regional Court appointed counsel K. for the duration of the detention hearing. According to the applicant, the hearing had initially been scheduled for 14 May 2007; he was unaware that it had been brought forward to 4 May; counsel T., who had been notified of that change only on 3 May 2007, was unable to attend. Nevertheless, the Regional Court extended the applicant's detention until 7 August 2007 stating as follows:
"...[the applicant's] detention should be extended due to the gravity of the charges because prior to his arrest he had no stable work; he is acquainted with many witnesses and might therefore abscond, influence the witnesses or obstruct the proceedings."
On 16 July 2007 the Supreme Court upheld the detention order, reproducing verbatim the reasoning of the Regional Court.
23. On 31 July 2007 the Regional Court rejected the applicant's application for release and extended his detention until 7 November 2007 endorsing the previous orders and stating that it would be impracticable to complete the trial before 7 August 2007 because the trial court was attempting to secure the presence of witnesses residing in another region. The applicant's counsel appealed on 8 August 2007. According to the Government, a copy of the statement of appeal was sent to "the other parties to the proceedings" for comment by 23 August 2007. The applicant submitted an additional statement of appeal on 15 August 2007. According to the Government, a copy was sent to the parties on 20 August 2007 for comment by 3 September 2007. On 4 September 2007 the detention file was dispatched to the Supreme Court. The latter received it on 14 September 2007. Due to a typographical error in the detention order of 31 July 2007, the Supreme Court returned the file to the Regional Court. The file was dispatched to the Supreme Court on 8 November 2007. It was received there on 16 November 2007. On 6 December 2007 the Supreme Court upheld the detention order of 31 July 2007.
24. In the meantime, on 6 November 2007 the Regional Court extended the applicant's detention for three months, that is, until 7 February 2008. On 31 January 2008 the Regional Court indicated that it would be difficult to complete the trial before 7 February 2008 in view of the need to ensure the attendance of witnesses living in other towns or persons in detention. The judge accordingly extended the applicant's detention for three months (until 7 May 2008) and held as follows:
"...[the applicant's] detention should be extended in view of the gravity of the charges relating to drug traf



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