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Постановление Европейского суда по правам человека от 09.04.2009 "Дело "Кондратьев (Kondratyev) против Российской Федерации" [рус., англ.]





nd Georgia, and that his mother was seriously ill. On 22 July 2003 the Supreme Court of Russia upheld the decision of 25 March 2003 on appeal, relying on the arguments mentioned by the Regional Court.
18. On 26 June 2003 Kaluga Regional Court extended the applicant's and his four co-defendants' detention until 28 September 2003. The court reproduced the same reasoning as in the extension orders of 27 December 2002 and 25 March 2003.
19. On 4 September 2003 the Supreme Court of Russia confirmed the lawfulness of the decision of 26 June 2003 on appeal.
20. On 27 August 2003 Kaluga Regional Court extended the applicant's and his four co-defendants' detention until 28 December 2003. Besides the reasons indicated in previous extension orders the court referred to the great complexity of the case, in particular to the significant number of witnesses to be called and to the substantial amount of evidence to be examined.
21. On 30 October 2003 the Supreme Court of Russia upheld the decision of 27 August 2003 on appeal, having briefly reproduced the reasoning of the Regional Court.

C. The applicant's conviction

22. On 4 December 2003 Kaluga Regional Court convicted the applicant of firearms trafficking and aggravated murder and sentenced him to twenty years' imprisonment.
23. On 16 June 2004 the Supreme Court of Russia upheld the judgment on appeal.

II. Relevant domestic law

24. The Russian Constitution of 12 December 1993 establishes that a judicial decision is required before a defendant can be detained or his or her detention extended (Article 22).

A. Provisions governing detention matters until 1 July 2002

25. Prior to 1 July 2002 detention matters were governed by the Code of Criminal Procedure of the RSFSR (Law of 27 October 1960, the "CCrP").
26. At the material time a decision ordering pre-trial detention could be taken by a prosecutor or a court (Articles 11, 89 and 96 of the CCrP).
27. Before 14 March 2001, pre-trial detention was authorised if the accused was charged with a criminal offence carrying a sentence of at least one year's imprisonment (Article 96 of the CCrP). The amendments of 14 March 2001 repealed the provision that permitted defendants to be remanded in custody on the sole ground of the dangerous nature of the criminal offence they had allegedly committed.
28. After his or her arrest the suspect was placed in custody "pending investigation" for an initial two-month period (Article 97 of the CCrP). Further extensions could be granted by prosecutors at ascending levels of jurisdiction.
29. Once the investigation had been completed and the defendant had received the charge sheet and finished reading the case file, the file was submitted to a trial court. From that date a defendant's detention was "before the court" (or "pending trial"). Until 14 March 2001 the Code of Criminal Procedure set no time-limit for detention "pending trial". On 14 March 2001 a new Article 239-1 was inserted, which established that the period of detention "during trial" could not normally exceed six months from the date the court received the file.

B. Provisions governing detention matters after 1 July 2002

30. Since 1 July 2002 detention matters have been governed by the Code of Criminal Procedure of the Russian Federation (Law No. 174-FZ of 18 December 2001, "the Code").
31. "Preventive measures" or "measures of restraint" (меры пресечения) include an undertaking not to leave a town or region, personal surety, bail and detention (Article 98 of the Code). If necessary, the suspect or accused may be asked to give an undertaking to appear (обязательство о явке) (Article 112 of the Code).
32. When deciding on a preventive measu



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