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





ficking, which represents a high level of public danger. Taken into account also are the fact that [the applicant] had had no permanent occupation prior to [his] arrest; [he] is acquainted with many witnesses in the case and can thus flee justice, put pressure on the witnesses, obstruct the course of the proceedings. [The applicant] had had no lawful sources of income before his arrest, had previously been prosecuted for unlawful dealing in firearms; he had been granted bail instead of being placed in pre-trial detention; however he is being prosecuted again for even more serious offences.
The matter relating to the conditions of detention in the remand centre is outside the jurisdiction of this court."
The applicant appealed indicating that between 1999 and 2004 he had been employed by a private company in Germany; that he had obtained employment soon after his arrival in Tomsk; that all witnesses in relation to the charges against him had already been examined at the trial; that he previously had respected the bail conditions. On 14 April 2008 the Supreme Court upheld the detention order. It indicated that after the expiry of the six-month period from the date when the case had been submitted to the trial court, the latter could extend the defendant's detention pending trial. The applicant was accused of serious and very serious criminal offences. It held as follows:
"The detention order indicates specific and real circumstances indicating that a less stringent measure of restraint would allow [the applicant] to flee justice, put pressure on the witnesses and obstruct the course of the proceedings."
25. The applicant lodged an application for release indicating, inter alia, that his German passport had expired; that before his arrest he had been residing at the same address where the search had been carried in 2004. On 28 April 2008 the trial judge rejected the application for release and extended the applicant's detention for three months. He relied on the same grounds as before, also referring to a forensic examination that had been ordered and completed, and to the necessity of completing the trial. The judge rejected as false a certificate produced by the applicant in order to confirm his previous residence in the town of Tomsk.
26. It appears that two of four defendants, including the applicant and co-accused Z, were kept in detention throughout the investigation and pending the trial. Co-accused L and V were at large. Most of the charges concerned defendants L and Z.
27. On 30 July 2008 the Regional Court convicted the applicant, apparently as charged, and sentenced him to twelve years' imprisonment.

B. Criminal proceedings against the applicant

28. As indicated above (paragraph 6), the applicant was arrested on 9 December 2004 on suspicion of drug trafficking. Between December 2004 and August 2005 the investigators identified further episodes of drug trafficking. The investigations were finalised in October 2005 and from 1 November 2005 to 11 January 2006 the applicant studied the case file.
29. On 23 January 2006 the case was sent to the Tomsk Regional Court for trial. On 13 February 2006 a judge in the Regional Court decided to return the case to the prosecutor on account of a violation of the procedural rights of the applicant's co-accused. On 27 April 2006 the Supreme Court rejected an appeal by the prosecution and upheld that decision.
30. From 7 June to 9 August 2006 the applicant and his counsel again studied the case file. By an order of 16 August 2006, the Kirovskiy District Court decided that the applicant should complete his study of the case file within nine working days.
31. Eventually, the trial started on 28 November 2006. Four persons, including the applicant, were, according to the Government, tried in relation to fifty episodes of criminal activity be



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