2001; and (4) from 16 January 2002 when the above conviction was quashed on appeal until his subsequent conviction on 17 May 2004. Within the fourth period the applicant's detention was maintained by the Supreme Court on 16 January 2002, by the Rostov Regional Court on 12 February 2002, and, starting from 1 July 2002, it was extended by the Regional Court every three months.
107. The Court further observes that the applicant introduced his application on 18 September 2002. It follows that the most recent period of detention that the Court may examine commenced on 12 February 2002. That period of detention represented a continuous situation which ended on 1 July 2002 when the Rostov Regional Court issued the following detention order, that is, within the six months preceding the lodging of the application. The Court therefore considers that the part of the applicant's complaint concerning the detention orders issued before 12 February 2002 has been introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
108. The Court further notes that the remainder of the complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
2. Merits
109. The Court reiterates that the expressions "lawful" and "in accordance with a procedure prescribed by law" in Article 5 § 1 essentially refer back to national law and state the obligation to conform to the substantive and procedural rules thereof. However, the "lawfulness" of detention under domestic law is not always the decisive element. The Court must in addition be satisfied that detention during the period under consideration was compatible with the purpose of Article 5 § 1 of the Convention, which is to prevent persons from being deprived of their liberty in an arbitrary fashion (see Khudoyorov, cited above, § 124, and Fedotov v. Russia, No. 5140/02, § 74, 25 October 2005).
110. The Court must moreover ascertain whether domestic law itself is in conformity with the Convention, including the general principles expressed or implied therein. On this last point, the Court stresses that, where deprivation of liberty is concerned, it is particularly important that the general principle of legal certainty be satisfied. It is therefore essential that the conditions for deprivation of liberty under domestic law be clearly defined and that the law itself be foreseeable in its application, so that it meets the standard of "lawfulness" set by the Convention, a standard which requires that all law be sufficiently precise to allow the person - if need be, with appropriate advice - to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail (see {Jecius} v. Lithuania, No. 34578/97, § 56, ECHR 2000-IX, and Baranowski v. Poland, No. 28358/95, §§ 50 - 52, ECHR 2000-III).
(a) The applicant's detention from 12 February to 1 July 2002
111. The Court notes that on 12 February 2002 the Rostov Regional Court listed the first trial hearing and held that the preventive measure applied to the applicant "should remain unchanged" (see the relevant domestic law provisions in paragraph 71 above).
112. The Court reiterates that the trial court's decision to maintain a custodial measure would not breach Article 5 § 1 provided that the trial court "had acted within its jurisdiction... [and] had the power to make an appropriate order" (see Korchuganova v. Russia, No. 75039/01, § 62, 8 June 2006). It is not in dispute that on 12 February 2002 the trial court acted within its powers and there is nothing to suggest that its decision to maintain the applicant's custodial measure was invalid or unlawful under domestic law at the relevant time. However, the Court observ
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