Last Updated on October 13, 2022 by LawEuro
The applicants complained of the excessive length of their pre-trial detention.They also raised other complaints under the provisions of the Convention.
THIRD SECTION
CASE OF GABIDULLIN AND OTHERS v. RUSSIA
(Applications nos. 34253/18 and 4 others – see appended list)
JUDGMENT
STRASBOURG
13 October 2022
This judgment is final but it may be subject to editorial revision.
In the case of Gabidullinand Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Frédéric Krenc, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 15 September 2022,
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.They 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 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.”
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. 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 Idalov v. Russia [GC], no. 5826/03, §§ 154-58, 22 May 2012, as regards lengthy review of detention matters; Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), as regards detention in a metal cage during the court hearings; and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, as regards conditions of transport.
IV. REMAINING COMPLAINTS
12. In application no. 27102/19 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 further 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 detentionand 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. 27102/19 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 13 October 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina 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. | 34253/18
04/07/2018 |
Ruslan Rafisovich GABIDULLIN
1984 |
|
14/07/2017 to
05/02/2020 |
Sovetskiy District Court of Kazan; Supreme Court of the Tatarstan Republic; Privolzhskiy Circuit Military Court | 2 year(s) and 6 month(s) and 23 day(s)
|
collective detention orders;use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice, as the case progressed; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding, as the case progressed; failure to examine the possibility of applying other measures of restraint, as the case progressed;failure to conduct the proceedings with due diligence during the period of detention | Art. 5 (4) – excessive length of judicial review of detention – Failure of the domestic courts to examine speedily the applicant’s appeal against the detention order of the Sovetskiy District Court of Kazan of 30/10/2017 (upheld on appeal by the Supreme Court of the Tatarstan Republic on 12/01/2018). | 3,200 |
| 2. | 27102/19
08/05/2019 |
KhasanAdamovich MURADOV
1989 |
Olga Viktorovna Golub
Suzemka |
31/05/2018 to
27/01/2020 |
Golovinskiy District Court of Moscow; Moscow City Court | 1 year(s) and 7 month(s) and 28 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 | Art. 3 – inadequate conditions of detention during transport – numerous occasions of transport from the detention facility to the courthouse; in a van in the “glass compartment”,
0.3 m2 of personal space, access to toilet and water was restricted;
Art. 3 – use of metal cages and/or other security arrangements in courtrooms – placement in a metal cage during numerous hearings before the Golovinskiy District Court of Moscow and the Moscow City Court; since 23/10/2018. |
9,750 |
| 3. | 31468/21
16/05/2021 |
Lyudmila Sergeyevna ZHUKOVA
1972 |
Olga Viktorovna Golub
Suzemka |
09/11/2016 to
27/04/2021 |
Nagatinskiy District Court of Moscow; Moscow City Court (appeals) | 4 year(s) and 5 month(s) and 19 day(s)
|
fragility of the reasons employed by the courts;failure to examine the possibility of applying other measures of restraint;use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;failure to conduct the proceedings with due diligence during the period of detention | Art. 5 (4) – excessive length of judicial review of detention – Chertanovskiy District Court of Moscow, 26/08/2020, Moscow City Court, 17/11/2020. | 5,100 |
| 4. | 32579/21
31/05/2021 |
Aleksandr Aleksandrovich KLYUCHNIKOV
1993 |
|
16/10/2019 – pending | Aviastroitelnyy District Court of Kazan, Pestrechinskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, Fourth Appeal Court | More than 2 year(s) and 10 month(s) and 14 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 (4) – excessive length of judicial review of detention – 15/12/2020, Supreme Court of the Tatarstan Republic, 03/02/2021, Fourth Appeal Court;
10/02/2021, Pestrechinskiy District Court of Kazan, 24/03/2021, Supreme Court of the Tatarstan Republic. |
3,500 |
| 5. | 33068/21
31/05/2021 |
Nikita Andreyevich GUDOZHNIKOV
1992 |
|
21/02/2019 to
13/10/2021 |
Vakhitovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic | 2 year(s) and 7 month(s) and 23 day(s)
|
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 | Art. 5 (4) – excessive length of judicial review of detention – Supreme Court of the Tatarstan Republic, 27/01/2021, Fourth Court of Appeal, 04/03/2021. | 3,300 |
[i] Plus any tax that may be chargeable to the applicants.
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