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Постановление Европейского суда по правам человека от 19.03.2009 «Дело Полонский (Polonskiy) против России» [англ.]





gs started but were interrupted in the middle and adjourned, as prosecution witnesses did not appear. Two hearings were rescheduled due to a power cut in the court building or to the absence of available courtrooms. Five hearings were postponed at the request of the defence.
50. In 2005 the court scheduled forty hearings. Sixteen hearings were held as scheduled. Eight hearings were postponed as a juror failed to appear and five hearings did not go ahead due to the absence of prosecution witnesses. Eleven hearings were adjourned at the request of the defence or because counsel for one of the defendants did not appear.
51. In 2006 the court scheduled thirty-six hearings. Sixteen hearings were held as scheduled. Eight hearings did no go ahead as a juror or prosecution witnesses did not appear. Twelve hearings were adjourned due to counsel's absence or following a motion for adjournment by the defence team.
52. In 2007 the court scheduled thirty-one hearings. Thirteen hearings were held as planned. Eleven hearings were adjourned as the judge was ill, was on leave or was drafting judgments in unrelated cases, or because a juror did not appear. Seven hearings were postponed at the request of the defence team.
53. At the end of March 2008 the court scheduled thirteen hearings. Only three hearings were held as scheduled. Four hearings were adjourned at the request of the prosecutor. Three hearings did not go ahead as counsel for the victim was ill. Three hearings were adjourned because counsel for one of the defendants did not appear.
54. The proceedings are still pending before the trial court.
(b) Decisions concerning the application of a custodial measure
55. On 18 April 2003 the applicant gave an undertaking not to leave the town.
56. On 29 April 2003 the Tsentralniy District Court of Volgograd remanded the applicant in custody. The court referred to the gravity of the charge and the risk of the applicant's interfering with the investigation.
57. On 23 June 2003 the Tsentralniy District Court extended the applicant's detention until 10 September 2003, referring to the gravity of the charge and necessity of further investigation.
58. On 8 September 2003 the Tsentralniy District Court extended the applicant's detention until 10 December 2003, referring to the gravity of the charge and the complexity of the case. It noted that the applicant had initially been bound by an undertaking not to leave his place of residence, but that that preventive measure had been considered insufficient in view of the gravity of the charges and the risk of his absconding.
59. On 4 December 2003 the Tsentralniy District Court extended the applicant's and a co-defendant's detention until 10 April 2004, referring to the need for an additional investigation, the gravity of the charges and the applicant's unemployment. The court found that there was a risk of the defendants' absconding or re-offending.
60. On 20 April 2004 the Volgograd Regional Court accepted the case for trial and held that all six defendants should remain in custody.
61. On 27 April 2004 the Volgograd Regional Court ordered that the defendants remain in custody pending trial.
62. On 13 October 2004 the Volgograd Regional Court extended the defendants' detention until 12 January 2005, referring to the gravity of the charges.
63. The applicant appealed, claiming that he resided permanently in Volgograd and that there was no reason to believe that he would abscond or interfere with the proceedings. On 14 December 2004 the Supreme Court upheld the extension order on appeal. It found that the applicant had been charged with serious and particularly serious criminal offences and that his arguments were not sufficient to warrant the quashing of the extension order.
64. On 12 January 2005 the Vo



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