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





r and 31 December 2002 and 31 March, 26 June, 25 September and 15 December 2003, the Court notes that the parties did not indicate the dates on which the applicant filed his appeals against the relevant remand orders. In the absence of any indication to the contrary, the Court will assume that the applicant filed the appeals within the statutory time-limit of ten days. Therefore, the Court finds that on each occasion the delays amounted to approximately four months.
155. The Court observes that the Government have not adduced any evidence which would disclose that, having lodged those appeals, the applicant caused any delays in their examination. Thus, the Court finds that the delays in the examination of the appeals against the decisions in question were attributable to the State (compare Rokhlina v. Russia, No. 54071/00, § 78, 7 April 2005).
156. The Court considers that such delays cannot be considered compatible with the "speediness" requirement of Article 5 § 4 (see Starokadomskiy v. Russia, No. 42239/02, §§ 81 - 87, 31 July 2008; Lebedev v. Russia, No. 4493/04, §§ 102 and 108, 25 October 2007; and Mamedova v. Russia, No. 7064/05, § 96, 1 June 2006).
157. The Court further observes that the appeals against the remand orders were examined only after a fresh remand order had been issued by the Regional Court. In such circumstances, the applicant's right under Article 5 § 4 of the Convention was made devoid of any useful purpose.
158. Regard being had to the above, the Court finds that there has been a violation of Article 5 § 4 of the Convention. In the light of this finding, the Court does not need to determine whether the refusal of leave to appear in court also entailed a violation of Article 5 § 4.

V. Alleged violation of Articles 6 and 13 of the Convention

159. The applicant complained that the length of the criminal proceedings against him had been incompatible with the "reasonable time" requirement of Article 6 § 1 of the Convention, which provides, in its relevant part, as follows:
"In the determination of... any criminal charge against him, everyone is entitled to a... hearing within a reasonable time by [a]... tribunal..."
The applicant further claimed that he had no effective remedy at his disposal for the excessive length of the proceedings. He relied on Article 13 of the Convention.

A. Submissions by the parties

160. The Government submitted that the criminal case against the applicant was rather complex as it involved five co-defendants all facing numerous criminal charges. The Government believed that the applicant had chosen to deliberately delay the proceedings by filing a considerable number of ill-founded applications the examination of which required a lot of time. The applicant's four co-defendants had also filed numerous applications each, and the domestic court had to give them due consideration. In the course of the proceedings the applicant systematically complained about his health and asked for emergency assistance which resulted in the suspension and adjournment of the hearings. Following the medical check-ups the applicant was on each occasion found fit to participate in the hearings. On many occasions the examination was adjourned due to the absence of the applicant's representative. Besides, the applicant sought replacement of his representatives on five occasions, and the proceedings did not resume until the applicant's approval of the newly appointed representative. The Government concluded, therefore, that the length of the proceedings in the present case was mostly attributable to the conduct of the applicant and his co-defendants, and did not breach the "reasonable time" requirement set out in Article 6 § 1 of the Convention. As to the applicant's complaint under Article 13, the Government submitted that the applicant was



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