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

. Switzerland, 21 October 1986, § 51, Series A No. 107).
95. Whilst Article 5 § 4 of the Convention does not impose an obligation to address every argument contained in the detainee's submissions, the judge examining remand appeals must take into account concrete facts which are referred to by the detainee and are capable of casting doubt on the existence of those conditions essential for the "lawfulness", for Convention purposes, of the deprivation of liberty (see Nikolova v. Bulgaria [GC], No. 31195/96, § 61, ECHR 1999-II).
96. The Court will first examine the Government's contention that the applicants failed to lodge requests for release pending trial during the hearing of their case on 11 October 2000 and the hearings conducted from 20 February 2001 to 2 March 2001.
97. The Court observes that on 11 October 2000 during the court's hearing both applicants lodged a request for release pending trial and this complaint was included in the criminal case file (see paragraph 15 above). The Court also notes that the second applicant lodged an application for release pending trial on 20 February 2001 (see paragraph 23 above). Although the Government denied that the applicants had lodged these complaints on the above dates, in their submissions to the Court they did not question either the origins or the authenticity of these documents. Therefore, the Court accepts that both applicants lodged a request for release pending trial on 11 October 2000 and that the second applicant lodged an application for release on 20 February 2001, but these requests went unanswered by the District Court.
98. The Court further observes that from 29 October 2000 to 20 February 2001 the applicants lodged a number of detailed requests for release pending trial: the first applicant lodged two complaints (see paragraphs 16 and 20 above) and the second applicant lodged six complaints (see paragraphs 17, 19, 21, 23 above). Only one of these complaints, lodged by the second applicant on 3 January 2000, received a response from the District Court (see paragraph 22 above). This response did not provide any information as to whether any judicial examination of the request had been conducted; it simply acknowledged receipt of the complaint and stated, without providing any reasons or addressing the specific arguments advanced by the applicant, that there were no grounds for changing the preventive measure in respect of him. The rest of the applicants' complaints lodged between 29 October 2000 and 20 February 2001 remained unanswered by the District Court, which failed to carry out a judicial review of the applicants' detention.
99. It follows that the applicants were denied the right to a judicial decision concerning the lawfulness of their detention pending trial.
100. There has therefore been a violation of Article 5 § 4 of the Convention.

IV. Application of Article 41 of the Convention

101. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

1. Pecuniary damage

(a) The first applicant
102. The first applicant claimed 25,000 Russian roubles (RUB - 694 euros (EUR)) for his dental and kidney treatment in 2001 after his release from detention; RUB 4,500 (EUR 125) paid in tuition fees for a legal course which he had to take in 2006 as a result of the allegedly poor quality of legal representation in the domestic proceedings in 2000 to 2001; and RUB 966,000 (EUR 26,833) for the loss of his earnings as a police officer. The total amount of the first applicant's claim comprised RUB



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