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

2002. During that period he was detained "after conviction by a competent court" within the meaning of Article 5 § 1 (a). At the same time, he was held in custody in connection with another set of criminal proceedings for the purpose of bringing him before the competent legal authority on suspicion of several counts of murder, a situation envisaged in Article 5 § 1 (c). It accordingly follows that, from 26 November 2001 to August 2002, the applicant's deprivation of liberty fell within the ambit of both sub-paragraphs (a) and (c) of Article 5 § 1. Taking into account that the applicant was detained on the basis of Article 5 § 1 (c), and notwithstanding the fact that his detention was also grounded on Article 5 § 1 (a), the Court considers that this period should be taken into consideration for the purposes of Article 5 § 3. Therefore, the applicant has been continuously detained pending trial on the charges of several counts of murder, since his arrest on 25 December 1999 until his conviction by the first-instance court on 30 April 2004. The period to be taken into consideration therefore lasted approximately four years and four months.
(ii) Reasonableness of the length of the period in issue
81. It is not disputed by the parties that the applicant's detention was initially warranted by a reasonable suspicion of his having committed several murders. It remains to be ascertained whether the judicial authorities gave "relevant" and "sufficient" grounds to justify his continued detention and whether they displayed "special diligence" in the conduct of the proceedings. The inordinate length of the applicant's detention is a matter of grave concern for the Court. In these circumstances, the Russian authorities should have put forward very weighty reasons for keeping the applicant in detention.
82. The Court observes that after the case had been submitted for trial in December 2001, on 8 January 2002 the applicant's detention was maintained with no reference to any grounds for continued detention. The City Court only noted that the preventive measure applied to the applicant "should remain unchanged" (see paragraph 15 above). Subsequently, in the period from 1 July 2002 to 30 April 2004 the court extended the applicant's detention on eight occasions. Save for the extension order of 28 November 2003, which relied on very weighty and persuasive grounds for keeping the applicant in detention, the remaining seven extension orders referred solely to the gravity of the charges against the applicant and the risk of him absconding (see paragraph 17 above).
83. The Court has repeatedly held 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 detention be used to anticipate a custodial sentence (see Belevitskiy v. Russia, No. 72967/01, § 101, 1 March 2007; 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 further reiterates that any system of mandatory detention pending trial is incompatible per se with Article 5 § 3 of the Convention, it being incumbent on the domestic authorities to establish and demonstrate the existence of concrete facts outweighing the rule of respect for individual liberty (see Belevitskiy, cited above, § 102, with further references).
84. The Court further notes that with the exception of the above-mentioned extension order of 28 November 2003 all decisions extending the applicant's detention in the period from 1 July 2002 to 30 April 2004 were stereotypically worded and in summary form. Besides, they concerned six persons without describing in detail their indi



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