Постановление Европейского суда по правам человека от 23.04.2009 «Дело Попов и Воробьев (Popov and Vorobyev) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF POPOV AND VOROBYEV v. RUSSIA
(Application No. 1606/02)

JUDGMENT <*>

(Strasbourg, 23.IV.2009)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Popov and Vorobyev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 2 April 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 1606/02) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by two Russian nationals, Mr Sergey Yuryevich Popov and Mr Vadim Gennadyevich Vorobyev ("the applicants"), on 11 July 2001.
2. The applicants, who had been granted legal aid, were represented by lawyers of the Centre of Assistance to International Protection practising in Moscow and Mrs T. Zolotar, a lawyer practising in Vladivostok, Russia. The Russian Government ("the Government") were represented by Mr P. Laptev, the former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicants alleged under Article 3 that the conditions of their detention in the Vladivostok pre-trial detention centre IZ-25/1 had been inadequate. Under Article 5 § 3, they complained that the length of their pre-trial detention had not been justified and under Article 5 § 4 that they had been deprived of judicial review.
4. On 2 March 2006 the Court declared the application partially inadmissible and decided to communicate the applicants' complaints under Article 3, Article 5 § 3 and Article 5 § 4 to the respondent Government.
5. It also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3 of the Convention).

THE FACTS

I. The circumstances of the case

6. The applicants were born in 1964 and 1963 respectively and live in Vladivostok, Russia. At the material time the first applicant, a police officer, and the second applicant, a former police officer, were the chairman and the deputy chairman of a local police trade union.

A. The applicants' detention in IZ-25/1
and their requests for release

7. On 28 October 1999, in connection with the discovery of two explosive devices and cartridges at the home of a third person, K., the department of the interior of the Primorskiy region and the Federal Security Service of Russia ("the FSB") initiated criminal proceedings under Article 222 § 1 of the Criminal Code of Russia ("unlawful acquisition, transfer, sale, storage, transportation and carrying of firearms, basic parts of firearms, ammunition, explosives and explosive devices").
8. On 14 January 2000 the applicants were arrested. On 17 January 2000 the prosecutor's office of the Primorskiy region extended the applicants' detention, referring to the gravity of the charges against them and the risk of their absconding from the authorities or obstru



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