Постановление Европейского суда по правам человека от 28.05.2009 «Дело Кокошкина (Kokoshkina) против России» [англ.]

ld that, although the severity of the sentence faced is a relevant element in the assessment of the risk of an accused absconding or reoffending, the need to continue the deprivation of liberty cannot be assessed from a purely abstract point of view, taking into consideration only the gravity of the offence. Nor can continuation of the detention be used to anticipate a custodial sentence (see Letellier v. France, 26 June 1991, § 51, Series A No. 207; also see Panchenko v. Russia, No. 45100/98, § 102, 8 February 2005; Goral v. Poland, No. 38654/97, § 68, 30 October 2003; and Ilijkov, cited above, § 81). The Court will therefore examine whether the other grounds referred to by the domestic courts were sufficient to justify the applicant's detention.
79. The Court is prepared to accept that there were relevant and sufficient grounds for the applicant's detention during the time needed to terminate the investigation. Although the applicant's refusal to name her accomplices cannot serve as a justification for her detention, as she was not obliged to cooperate with the authorities and she cannot be blamed for having taken full advantage of her right to silence (see Mamedova, cited above, § 83, and, mutadis mutandis, {Yagci} and {Sargin} v. Turkey, 8 June 1995, § 66, Series A No. 319-A, and W. v. Switzerland, 26 January 1993, § 42, Series A No. 254-A), the Court accepts that the authorities could justifiably consider that the risk of interference with the investigation was initially present, taking into account that the applicant was suspected of being the leader of an organised criminal group. In cases concerning organised crime the risk that a detainee if released might put pressure on witnesses or might otherwise obstruct the proceedings is often particularly high. These factors can justify a relatively longer period of detention. However, they do not give the authorities unlimited power to extend this preventive measure (see Osuch v. Poland, No. 31246/02, § 26, 14 November 2006; and Celejewski v. Poland, No. 17584/04, §§ 37 - 38, 4 May 2006). The Court is convinced that in the particular circumstances of the present case the applicant's presumed leadership of an organised criminal group may be regarded as a sufficient ground to justify her detention while the investigation was pending. The investigation was conducted with due expedition and completed within a year, which does not appear excessive having regard to the relative complexity of the case, the number of defendants, and the need to obtain a considerable amount of evidence. However, after the evidence had been collected, the witnesses interviewed and the investigation completed, the reference to the risk of interfering with the proceedings became less relevant. In the Court's opinion, after the completion of the investigation in September 2007 it was no longer sufficient to outweigh, in its own, the applicant's right to trial within a reasonable time or release pending trial.
80. The domestic courts, however, did not refer to any other grounds which could be regarded as sufficient to justify the applicant's detention after September 2007. The Regional Court's reference to her positive drug test results in the extension order of 17 March 2008 was found to be irrelevant by the Supreme Court (see paragraph 29 above). The Court does not see any reason to depart from the Supreme Court's finding. It therefore concludes that the domestic courts did not point to any aspects of the applicant's character or behaviour that would justify their conclusion that she presented a persistent risk of fleeing from justice or reoffending. The applicant, on the other hand, constantly invoked the facts mitigating such risks. However, the domestic courts devoted no attention to discussion of the applicant's arguments that she was in frail health, had positive references, no criminal record, had a permanent place of reside



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