European Court of Human Rights

CASE OF PEYET AND OTHERS v. RUSSIA (European Court of Human Rights)

Last Updated on February 10, 2021 by LawEuro

THIRD SECTION
CASE OF PEYET AND OTHERS v. RUSSIA
(Applications nos. 51122/07 and 9 others – see appended list)
JUDGMENT
STRASBOURG
14 January 2021

This judgment is final but it may be subject to editorial revision.

In the case of Peyetand Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and LivTigerstedt, ActingDeputy Section Registrar,

Having deliberated in private on 3 December 2020,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2. The Russian Government (“the Government”) were given notice of the applications.

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. THE GOVERNMENT’S REQUEST TO STRIKE OUT APPLICATION No. 1649/15 UNDER ARTICLE 37 § 1 OF THE CONVENTION

6. In application no. 1649/15 the Government submitted a unilateral declaration which did not offer a sufficient basis for finding that respect for human rights as defined in the Convention does not require the Court to continue its examination of the case (Article 37 § 1 in fine). The Court rejects the Government’s request to strike the application out and will accordingly pursue its examination of the merits of the cases (see Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, § 75, ECHR 2003‑VI).

III. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION

7. The applicants complained principally that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention, which reads 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.”

8. 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).

9. 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.

10. 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.

11. These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention.

IV. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

12. In applications nos. 51122/07, 1649/15, 22058/19 and 28846/19, the applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Svinarenko and Slyadnevv. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), concerning placement in a metal cage during court hearings; Idalov v. Russia [GC], no. 5826/03, 22 May 2012, about the lack of speedy review of detention matters; and Khudoyorov v. Russia, no. 6847/02, §§ 144-151, ECHR 2005 X (extracts), related to the lack of a legal basis for detention.

V. REMAINING COMPLAINTS

13. In applications nos. 51122/07 and 28373/17, the applicants also raised other complaints under various Articles of the Convention.

14. The Court has examined the applications listed in the appended table 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 applications must be rejected in accordance with Article 35 § 4 of the Convention.

VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION

15. 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.”

16. 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 and to dismiss the remainder of the applicants’ claims for just satisfaction.

17. 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. Rejects the Government’s request to strike application no. 1649/15 out of its list of cases under Article 37 § 1 of the Convention on the basis of the unilateral declaration which they submitted;

3. Declares the complaints concerning the excessive length of pre-trial detentionand the other complaints under well-established case-law of the Court, as set out in the appended table,admissible, and the remainder of applications nos. 51122/07 and 28373/17 inadmissible;

4. Holds that these complaints disclose a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention;

5. 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);

6. 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.

7. Dismisses the remainder of the applicants’ claims for just satisfaction.

Done in English, and notified in writing on 14 January 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

LivTigerstedt                                                Darian Pavli
Acting Deputy Registrar                                  President

______________

APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)

No. Application no.
Date of introduction		 Applicant’s name
Year of birth		 Representative’s name and location Period of detention Court which issued detention order / examined appeal Length of detention 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)[i]
1. 51122/07
05/11/2007		 Aleksandr Voldemarovich PEYET
1969		 05/07/2006 to
30/07/2007		 Zavolzhskiy District Court of Tver,
Tver Regional Court		 1 year(s) and 26 day(s) 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, colluding or absconding; failure to examine the possibility of applying other measures of restraint. Art. 5 (1) – unlawful detention – detention in the absence of a decision authorising it for 19 days (05- 24/07/2017) (Khudoyorov v. Russia, no. 6847/02, §§ 144-151, ECHR 2005‑X (extracts));
Art. 5 (4) – excessive length of judicial review of detention – Detention order of the Zavolzhskiy District Court of Tver of 30/05/2007 was upheld on appeal by the Tver Regional Court on 19/07/2007 (1 month 19 days)		 3,900
2. 1649/15
27/12/2014		 Vladimir Antonovich ROZHIN
1996		 24/03/2014 to
05/05/2015		 Dorogoilovskiy District Court of Moscow;
Moscow City Court		 1 year(s) and 1 month(s) and 12 day(s) fragility of the reasons employed by the courts; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint. Art. 3 – use of metal cages and/or other security arrangements in courtrooms – placement in a metal cage in the hearings before the Solntsevskiy District Court of Moscow (conviction on 05/05/2015) 9,750
3. 55279/15
12/10/2015		 Ruslan Sergeyevich PYLAYEV
1976		 08/10/2014 to
23/05/2016		 Leninskiy District Court of Vladivostok, Pervorechenskiy District Court of Vladivostok,
Primorye Regional Court,
Supreme Court of the Russian Federation		 1 year(s) and 7 month(s) and 16 day(s) fragility of the reasons employed by the courts; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint. 2,300
4. 28373/17
22/03/2017		 Andrey Yuryevich MAKAROV
1979		 Yefremova Yekaterina Viktorovna
Moscow		 16/07/2015 to
29/05/2017		 Vologda Town Court;
Vologda Regional Court		 1 year(s) and 10 month(s) and 14 day(s) failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention.
In the decision of 17/11/2016 the Court examined the applicant’s complaint under Article 5 § 3 of the Convention regarding the period of his detention from 31/07/2012 to 16/07/2015. The application (no.40586/15) was struck out of the Court’s list of cases on the basis of Article 39 of the Convention, because the Government offered a unilateral declaration acknowledging a violation of Article 5 § 3 of the Convention in respect of the applicant’s detention until 16/07/2015. The declaration was accepted by the applicant.		 2,700
5. 41745/17
31/07/2017		 Yuriy Vladimirovich SHAGAYKO
1982		 18/12/2015 to
21/03/2017		 Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court 1 year(s) and 3 month(s) and 4 day(s) fragility of the reasons employed by the courts; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint. 1,800
6. 66966/17
26/08/2017		 Viktor Aleksandrovich VASILYEV
1958		 30/08/2014 to
23/03/2018		 Basmannyy District Court of Moscow; Moscow City Court 3 year(s) and 6 month(s) and 24 day(s) failure to conduct the proceedings with due diligence during the period of detention; as the case progressed, failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint. 4,800
7. 69404/17
30/08/2017		 Aleksandr Mikhaylovich KNYAZEV
1994		 06/07/2015 to
03/10/2017		 Sovetskiy District Court of Kazan; Vakhitovskiy District Court of Kazan;
Supreme Court of the Tatarstan Republic		 2 year(s) and 2 month(s) and 28 day(s) collective detention orders;
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, colluding or absconding; failure to examine the possibility of applying other measures of restraint.		 3,000
8. 21542/19
04/04/2019		 Aleksey Vyacheslavovich SUSHKOV
1977		 Znamenshchikov Yevgeniy Vladimirovich
Lipetsk		 31/08/2018 to
19/07/2019		 Pravoberezhniy District Court of Lipetsk;
Lipetsk Regional Court		 10 month(s) and 20 day(s) fragility of the reasons employed by the courts; “white-collar” crime;
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, colluding or absconding; failure to examine the possibility of applying other measures of restraint.		 1,300
9. 22058/19
11/04/2019		 Viktor Vadimovich FEDOSEYEV
1993		 Yeliseyev Oleg Viktorovich
Moscow		 09/09/2018
pending		 Khamovnicheskiy District Court of Moscow;
Moscow City Court		 More than 2 year(s) and 1 month(s) and 16 day(s) fragility of the reasons employed by the courts. Art. 5 (4) – excessive length of judicial review of detention – appeal against detention order of 11/09/2018 was examined only on 26/11/2018 3,700
10. 28846/19
07/05/2019		 Igor Nikolayevich SHVETS
1965		 Zhuravlev Stanislav Igorevich
Moscow		 13/04/2018
pending		 Basmannyy District Court of Moscow, Moscow City Court More than 2 year(s) and 6 month(s) and 12 day(s) use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; “white-collar” crime Art. 13 – lack of any effective remedy in domestic law – with regard to placement in a metal cage during hearings,
Art. 3 – use of metal cages and/or other security arrangements in courtrooms – detention in a metal cage during numerous hearings in the Basmannyy District Court of Moscow; starting on 13/04/2018; proceedings are still pending		 9,750

[i] Plus any tax that may be chargeable to the applicants.

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