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





es that on 12 February 2002 the Rostov Regional Court gave no reasons for its decision to remand the applicant in custody. The Regional Court also failed to set a time-limit for the continued detention or for a periodic review of the preventive measure. It follows, therefore, that the applicant remained in a state of uncertainty as to the grounds for his detention from 12 February to 1 July 2002, when the Regional Court re-examined his detention.
113. The question thus arises whether this could be considered to be "an appropriate order". In this respect the Court has already found a violation of Article 5 § 1 (c) of the Convention in a number of cases concerning a similar set of facts. In particular, it has held that the absence of any grounds given by judicial authorities in their decisions authorising detention for a prolonged period of time is incompatible with the principle of protection from arbitrariness enshrined in Article 5 § 1 (see Khudoyorov, cited above, § 134; Nakhmanovich v. Russia, No. 55669/00, §§ 70 - 71, 2 March 2006; and {Stasaitis} v. Lithuania, No. 47679/99, § 67, 21 March 2002). Permitting a prisoner to languish in detention without a judicial decision based on concrete grounds and without setting a specific time-limit would be tantamount to overriding Article 5, a provision which makes detention an exceptional departure from the right to liberty and one that is only permissible in exhaustively enumerated and strictly defined cases (see Khudoyorov, cited above, § 142).
114. The Court sees no reason to reach a different conclusion in the present case. It considers that the order of 12 February 2002 did not comply with the requirements of clarity, foreseeability and protection from arbitrariness, which together constitute the essential elements of the "lawfulness" of detention within the meaning of Article 5 § 1.
115. There has therefore been a violation of Article 5 § 1 (c) of the Convention on account of the applicant's detention from 12 February to 1 July 2002.
(b) The applicant's detention from 1 July 2002 to 19 February 2004
116. The Court observes that in the period from 1 July 2002 to 19 February 2004 the applicant's detention was extended by the Regional Court on seven occasions on the ground of the gravity of the charges against him and his co-defendants (see the relevant domestic law provisions in paragraph 68 above).
117. The trial court acted within its powers in making the above decisions, and there is nothing to suggest that they were invalid or unlawful under domestic law, or that they were inappropriate for the purpose of Article 5 § 1 (c) (see, by contrast, paragraphs 113 - 114 above). The question whether the reasons for the decisions were sufficient and relevant is analysed below in connection with the issue of compliance with Article 5 § 3.
118. Accordingly, the Court finds that there has been no violation of Article 5 § 1 (c) of the Convention in respect of the detention orders issued in the period from 1 July 2002 to 19 February 2004.
(c) The applicant's detention from 19 February to 17 May 2004
119. The Court notes that on 19 February 2004 the Regional Court, comprising a presiding judge and two lay judges, citing the gravity of the charges against the applicant and his co-defendants, extended the applicant's detention by three months, until 19 May 2004. This period of the applicant's detention ended on 17 May 2004 when he was convicted.
120. As regards this period of detention, the applicant contested the power of the Regional Court to extend his detention, claiming that as of 1 January 2004 the domestic law no longer provided for the participation of non-professional judges in the administration of criminal justice. The Court's task is, therefore, to determine whether the applicant's detention in the relevant period was carried out "in accordanc



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