Постановление Европейского суда по правам человека от 26.03.2009 "Дело "Елизаров (Yelizarov) против Российской Федерации" [рус., англ.]

Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 5 March 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 36551/07) 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 a Russian national, Mr Dmitriy Vladimirovich Yelizarov ("the applicant"), on 18 July 2007.
2. The applicant was represented by Mr D. Agranovskiy, a lawyer practising in the Moscow region. The Russian Government ("the Government") were initially represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights, and subsequently by their Representative, Mr G. Matyushkin.
3. The applicant alleged that his detention pending trial had been unlawful and excessively long.
4. On 7 January 2008 the President of the First Section decided to communicate the complaint about the allegedly excessive length of detention to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3). The President made a decision on priority treatment of the application (Rule 41 of the Rules of Court).

THE FACTS

I. The circumstances of the case

5. The applicant was born in 1978 and lives in Moscow.

A. Background information

6. The applicant was a member of a public association, the National Bolshevik Party. On 15 November 2005 the Supreme Court of the Russian Federation ordered its dissolution. On 19 January 2006 the Federal Registration Service of the Ministry of Justice refused an application for registration of a political party by the same name. Party members challenged the refusal before Taganskiy District Court, Moscow.
7. On 13 April 2006 fifteen party members, including the applicant, came to Taganskiy District Court for a hearing concerning the refusal to register the National Bolshevik Party. The applicant alleged that near the court building they had been attacked by a group of forty people and had had to defend themselves. According to the Government, the party members, including the applicant, had assaulted passers-by with gas guns and rubber truncheons.

B. Criminal proceedings against the applicant

8. On 11 April 2007 the applicant was arrested. The arresting officer indicated in his report that witnesses had identified the applicant as one of the perpetrators of the assault. On the same day he was charged with participation in mass disorders involving the use of gas guns and assault and battery, an offence under Article 213 § 2 of the Criminal Code.
9. On 12 April 2007 Tverskoy District Court, Moscow, formally remanded the applicant in custody, finding that he had been charged with a serious criminal offence and that he had no registered place of residence in Moscow or permanent employment. The court concluded that he might abscond, interfere with the proceedings or reoffend.
10. In his grounds of appeal of 13 April 2007 the applicant submitted that he had been arrested a year after the fight. He had had plenty opportunity to abscond, reoffend or interfere with the investigation during that year if he had wished. The fact that he had not fled from justice proved that he had no such intention. He had no criminal record, had permanent residence and employment in Moscow, positive references, a spouse suffering from epilepsy and a child. He was the only breadwinner in his family. He asked to be released on bail.
11. On 7 May 2007 Moscow City Co



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