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You are here: BAILII >> Databases >> European Court of Human Rights >> LASTOCHKIN AND OTHERS v. RUSSIA - 7121/15 (Judgment : Article 5 - Right to liberty and security : Third Section Committee) [2018] ECHR 292 (29 March 2018) URL: http://www.bailii.org/eu/cases/ECHR/2018/292.html Cite as: CE:ECHR:2018:0329JUD000712115, ECLI:CE:ECHR:2018:0329JUD000712115, [2018] ECHR 292 |
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THIRD SECTION
CASE OF LASTOCHKIN AND OTHERS v. RUSSIA
(Applications nos. 7121/15 and 6 others -
see appended list)
JUDGMENT
STRASBOURG
29 March 2018
This judgment is final but it may be subject to editorial revision.
In the case of Lastochkin and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:Luis López Guerra, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.4. The applicants complained of the excessive length of their pre-trial detention. Some applicants also raised other complaints under the provisions of the Convention.THE LAW
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.II. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION
6. The applicants complained principally that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention, which read as follows:
Article 5 § 3
"3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial."
7. The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kudła v. Poland [GC], no. 30210/96, § 110, ECHR 2000-�XI, and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006-�X, with further references).8. In the leading case of Dirdizov v. Russia, no. 41461/10, 27 November 2012, the Court already found a violation in respect of issues similar to those in the present case.9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the applicants' pre-trial detention was excessive.10. These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention.III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
11. In application no. 20530/17, the applicant submitted a complaint under Article 5 § 5 which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). This complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor is it inadmissible on any other ground. Accordingly, it must be declared admissible. Having examined all the material before it, the Court concludes that it also discloses a violation of the Convention in the light of its findings in Korshunov v. Russia, no. 38971/06, § 62, 25 October 2007.IV. REMAINING COMPLAINTS
12. In application no. 24209/17 the applicant also raised other complaints under various Articles of the Convention.13. The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. 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."
15. Regard being had to the documents in its possession and to its case-�law (see, in particular, Pastukhov and Yelagin v. Russia, no. 55299/07, 19 December 2013), the Court considers it reasonable to award the sums indicated in the appended table.16. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the complaints concerning the excessive length of pre-trial detention and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, and the remainder of the application no. 24209/17 inadmissible;
3. Holds that these complaints disclose a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention;
4. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);
5. Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 29 March 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtLuis López Guerra
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
Application no. | Applicant name Date of birth
| Representative name and location | Period of detention | Length of detention | Courts which issued detention orders/ examined appeals | Specific defects | Other complaints under well-established case-law | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1] | |
29/01/2015 | Yuriy Vasilyevich Lastochkin 23/04/1965 | Markaryan Ruben Valeryevich Moscow | 25/10/2013 to 22/09/2015 | 1 year(s) and 10 month(s) and 29 day(s)
| Kirovskiy District Court of Yaroslavl; Yaroslavl Regional Court; Basmannyy District Court of Moscow; Moscow City Court | -fragility of the reasons employed by the courts; - use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; - failure to assess the applicant's personal situation reducing the risks of re-offending, colliding or absconding; - failure to examine the possibility of applying other measures of restraint; - failure to conduct the proceedings with due diligence during the period of detention. |
| 2,100 | |
20/09/2016 | Artem Vladimirovich Bondar 19/05/1986 | Mikhaylova Yuliya Nikolayevna Krasnoyarsk | 17/09/2013 to 10/07/2017 | 3 year(s) and 9 month(s) and 24 day(s)
| Sovetskiy District Court of Krasnoyarsk; Krasnoyarsk Regional Court | - failure to conduct the proceedings with due diligence during the period of detention. |
| 4,000 | |
04/01/2017 | Khristofor Leonidovich Golovatov 28/11/1970 | Shukhardin Valeriy Vladimirovich Moscow | 17/09/2015 Pending. | More than 2 year(s) and 4 month(s) and 25 day(s)
| Leninskiy District Court of Rostov-on-Don; Rostov Regional Court
| -fragility of the reasons employed by the courts; - use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; - failure to assess the applicant's personal situation reducing the risks of re-offending, colliding or absconding; - failure to examine the possibility of applying other measures of restraint; - failure to conduct the proceedings with due diligence during the period of detention. |
| 2,500 | |
17/02/2017 | Oleg Aleksandrovich Ryzhakov 30/01/1970 | Moiseyev Artem Viktorovich Moscow | 08/12/2015 to 26/04/2017 | 1 year(s) and 4 month(s) and 19 day(s)
| Tverskoy District Court of Moscow; Moscow City Court | -fragility of the reasons employed by the courts; - use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; - failure to assess the applicant's personal situation reducing the risks of re-offending, colliding or absconding; - failure to examine the possibility of applying other measures of restraint; - failure to conduct the proceedings with due diligence during the period of detention. |
| 1,500 | |
22/02/2017 | Devletkhan Medetkhanovich Alikhanov 19/08/1958 | Shogin Mikhail Igorevich Petrozavodsk | 03/02/2015 Pending. | More than 3 year(s) and 8 day(s)
| Petrozavodsk Town Court of the Kareliya Republic; Supreme Court of the Kareliya Republic; Supreme Court of the Russian Federation
| -fragility of the reasons employed by the courts; - use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; - failure to assess the applicant's personal situation reducing the risks of re-offending, colliding or absconding; - failure to examine the possibility of applying other measures of restraint; - failure to conduct the proceedings with due diligence during the period of detention. |
| 3,100 | |
04/03/2017 | Aleksey Vladimirovich Fedorov 01/01/1975 | Klyubin Sergey Nikolayevich Velikiy Novgorod | 20/02/2015 to 29/03/2017 | 2 year(s) and 1 month(s) and 10 day(s)
| Novgorodskiy District Court of the Novgorod Region; Pestovskiy District Court of the Novgorod Region; Novgorod Regional Court | -fragility of the reasons employed by the courts; - use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; - failure to assess the applicant's personal situation reducing the risks of re-offending, colliding or absconding; - failure to examine the possibility of applying other measures of restraint; - failure to conduct the proceedings with due diligence during the period of detention. | Art. 5 (5) - Lack of an enforceable right to compensation for a violation of his right to trial within a reasonable time or to release pending trial. | 2,900 | |
21/03/2017 | Magomed Tsikhilchiyevich Abdulayev 23/02/1979 | Abramov Igor Davidovich Makhachkala | 13/10/2015 to 11/05/2017 | 1 year(s) and 6 month(s) and 29 day(s)
| Essentuki Town Court; Stavropol Regional Court; Kirovskiy District Court of Makhachkala; Supreme Court of Dagestan Republic
| -fragility of the reasons employed by the courts; - use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; - failure to assess the applicant's personal situation reducing the risks of re-offending, colliding or absconding; - failure to examine the possibility of applying other measures of restraint; - failure to conduct the proceedings with due diligence during the period of detention. |
| 1,700 |
[1]. Plus any tax that may be chargeable to the applicants.
