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





urt upheld the detention order on appeal, finding that it had been lawful and justified.
12. On an unspecified date the applicant was committed for trial before Taganskiy District Court.
13. On 22 May 2007 Taganskiy District Court scheduled a preliminary hearing for 29 May 2007 and ordered that the applicant should meanwhile remain in custody. It referred to the gravity of the charge, the applicant's character and his record of administrative offences, which included commission of several disorderly acts, and concluded that the applicant might abscond or reoffend. The applicant's arguments that he had a child, that his wife suffered from epilepsy and that he himself needed medical assistance were insufficient to warrant release.
14. The applicant appealed, repeating the arguments set out in his grounds of appeal of 13 April 2007. On 11 July 2007 the Moscow City Court upheld the decision, finding that it had been lawful, well-reasoned and justified.
15. On 24 May 2007 a member of Parliament offered his personal guarantee that the applicant would not abscond.
16. On 29 May 2007 Taganskiy District Court returned the case to the investigator, ordering that the applicant's case be joined with the cases of six other members of the National Bolshevik Party who had been charged in connection with the same events of 13 April 2006. It further ordered that the applicant should remain in custody. It referred to the gravity of the charge and his record of administrative offences. The applicant's character and the circumstances surrounding the commission of the imputed offence gave reasons to believe that he might abscond, reoffend or interfere with the proceedings.
17. On the same day the applicant's case was joined with the cases of six other persons, who had allegedly acted in conspiracy with the applicant.
18. On 28 June 2007 Tverskoy District Court extended the applicant's detention until 6 August 2007, referring to the gravity of the charge, his record of administrative offences, the need for a further investigation and the risk of the applicant's absconding or interfering with the investigation. It found that the applicant's arguments about his good character and family situation were not convincing. Counsel for the applicant was absent from the hearing.
19. The applicant appealed, repeating the arguments set out in his grounds of appeal of 13 April 2007. He further complained that his counsel had not been notified about the hearing. On an unspecified date his appeal was dismissed by Moscow City Court.
20. In July 2007 seven defendants, including the applicant, were committed for trial.
21. On 26 July 2007 Taganskiy District Court scheduled a preliminary hearing for 8 August 2007 and ordered that the defendants should meanwhile remain in custody. The court found that the defendants had been charged with a serious offence committed by an organised group some members of which had not yet been identified, and concluded that they might abscond or intimidate the victims and witnesses. It further noted that the defendants' assurances that they had no intention of absconding were unconvincing and held that there was no reason to apply a more lenient preventive measure.
22. On 8 August 2007 Taganskiy District Court held a preliminary hearing and ordered that all defendants should remain in custody for the same reasons as before.
23. On 24 September 2007 Moscow City Court upheld the decisions of 26 July and 8 August 2007 on appeal, finding that they had been lawful and justified.
24. In September 2007 the applicant and his co-defendants lodged applications for release with Taganskiy District Court. On 12 September 2007 Taganskiy District Court rejected their applications. It noted that the defendants' arguments had already been examined and rejected many times when



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