Постановление Европейского суда по правам человека от 23.04.2009 «Дело Губкин (Gubkin) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF GUBKIN v. RUSSIA
(Application No. 36941/02)

JUDGMENT <*>

(Strasbourg, 23.IV.2009)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Gubkin v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 2 April 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 36941/02) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Sergey Aleksandrovich Gubkin ("the applicant"), on 18 September 2002.
2. The applicant, who had been granted legal aid, was represented by Ms L. Rusakova, a lawyer practising in Rostov-on-Don. The Russian Government ("the Government") were represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
3. On 13 September 2007 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).
4. The Government objected to the joint examination of the admissibility and merits of the application. Having examined the Government's objection, the Court dismissed it.

THE FACTS

I. The circumstances of the case

5. The applicant was born in 1975 and is currently serving a sentence of imprisonment.

A. The applicant's arrest on suspicion of drug trafficking
and detention

6. On 10 June 1998 the applicant was arrested on suspicion of drug trafficking.
7. On 11 June 1998 the applicant was charged under Article 228 § 1 of the Criminal Code with the unlawful purchase and possession of 0.26 grams of opium. On the same day the Prosecutor of the Voroshilovskiy District of Rostov-on-Don remanded the applicant in custody. The Prosecutor referred to the applicant's criminal record and the risk of his committing other crimes.

B. Charges of kidnapping, unlawful entry into a home
and extortion, ensuing detention and conviction

8. On 6 August 1998 the applicant was also charged under Articles 126 § 2, 139 § 1, and 163 § 3 of the Criminal Code with kidnapping, unlawful entry into a home and extortion. The case was joined to the case concerning drug trafficking.
9. On 10 August, 9 September and 5 November 1998 the applicant's detention was extended until 10 September, 10 November and 10 December 1998 respectively, in accordance with Article 97 of the RSFSR Code of Criminal Procedure. Consideration had been given to the gravity of the charges against the applicant and information about his personality, including his criminal record.
10. On 1 December 1998 the prosecution dropped the charges of kidnapping, unlawful entry into a home and extortion for lack of proof.<



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