lists of lay judges
42. On 18 September 2002 the St Petersburg City Legislature validated the general list of lay judges assigned to the Krasnogvardeyskiy District Court of St Petersburg. The addendum to the above regulation contained the general list of 514 lay judges.
3. Regulation on appointment of lay judges
43. On 14 January 2000 the Presidium of the Supreme Court of Russia on the basis of Section 5 of the Lay Judges Act issued a regulation on the procedure for selection of lay judges. The regulation provided that the president of a district court should draw at random from the general list of lay judges 156 names for each judge. The lay judges for a particular case were to be drawn by lot by the judge to whom the case had been assigned.
D. Reopening of the proceedings following a finding
of a violation by the Court
44. The new CCrP provides for a possibility to re-open criminal proceedings on the basis of a finding of a violation of the Convention made by the European Court of Human Rights (Article 413).
THE LAW
I. Alleged violation of Article 5 § 1 (c) of the Convention
45. The applicant complained under Article 5 § 1 (c) of the Convention that his detention had not been lawful. The relevant parts of Article 5 read as follows:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
...
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so..."
A. Submissions by the parties
46. The Government submitted that the applicant's detention from 1 July to 1 October 2002 had been lawful even though the relevant extension order had subsequently been quashed on appeal, on 11 November 2002. The detention was extended by the court having the power to do so and in full compliance with the time-limits set out in the domestic law. The quashing of the extension order in question was carried out on procedural grounds, and it did not affect the lawfulness of the applicant's detention in the relevant period. In any event, the Government considered that the ruling of 11 November 2002 had affected the applicant's status as a victim and made available to the applicant the possibility of claiming compensation in separate civil proceedings for the non-pecuniary damage caused by the unlawful deprivation of liberty, as provided by Articles 1070 and 1100 of the Civil Code. The Government further noted that on 24 September 2002 the applicant's detention was extended until 30 December 2002. On 2 December 2002 the above extension order was quashed on appeal. This situation, however, had been subsequently rectified by the St Petersburg City Court which on 11 March 2003 authorised the applicant's detention in the period from 1 July to 30 December 2002. As regards the subsequent detention orders, the Government submitted that they had been issued in full compliance with the procedure prescribed by domestic law.
47. The applicant maintained his position in respect of the entire period of detention and submitted, in particular, that his detention in the period from 1 July to 2 December 2002 had been unlawful and that the relevant detention orders of 1 July and 24 September 2002 had been ex facie invalid. In particular, the extension of 1 July 2002 had been issued without either he or his representative being given proper notice of the hearing, and the extension order of 24 September 2002 without the lawyer being pre
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