CASE OF ASYUTIN AND OTHERS v. RUSSIA (European Court of Human Rights) 50774/20 and 4 others

The applicants complained of the excessive length of their pre-trial detention.In application no. 52631/20, the applicant also raised other complaints under the provisions of the Convention.


THIRD SECTION
CASE OF ASYUTIN AND OTHERS v. RUSSIA
(Applications nos. 50774/20 and 4 others – see appended list)
JUDGMENT
STRASBOURG
10 November 2022

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

In the case of Asyutin and 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 20 October 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.In application no. 52631/20, the applicant 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. In application no. 52631/20, the applicant 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 Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), as regards detention in a metal cage during the court hearings.

IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION

12. 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.”

13. 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.

14. 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 applications admissible;

3. Holds that these applications 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 10 November 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. 50774/20

25/10/2020

Aleksandr Aleksandrovich ASYUTIN

1978

Sukhareva Tatyana Viktorovna

Moscow

27/03/2018 to

13/08/2020

Leninskiy District Court of Rostov, Rostov Regional Court 2 year(s) and 4 month(s) and 18 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 2,500
2. 51005/20

17/11/2020

Sergey Vladimirovich POLYAKOV

1976

Malikov Anton Andreyevich

Moscow

03/09/2018

pending

Tverskoy District Court of Moscow, Moscow City Court More than 4 year(s) and 4 day(s)

 

fragility of the reasons employed by the courts;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 4,100
3. 51268/20

17/08/2020

Shamil Eduardovich NIGMATZYANOV

1991

 

 

05/10/2018

pending

Almetyevsk Town Court of Tatarstan, Supreme Court of the Tatarstan Republic More than 3 year(s) and 11 month(s) and 2 day(s) 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;use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice 4,000
4. 51668/20

30/10/2020

Anton Aleksandrovich LOGINOV

1985

 

 

23/05/2018

pending

Vakhitovskiy District Court of Kazan, Supreme Court of Tatarstan Republic, Fourth Court of Cassation of Common Jurisdiction More than 4 year(s) and 3 month(s) and 15 day(s) 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 4,400
5. 52631/20

27/10/2020

Denis Yevgenyevich FROLOV

1983

 

 

03/08/2016 to

14/07/2020

Naberezhnyye Chelny Town Court; Supreme Court of the Tatarstan Republic 3 year(s) and 11 month(s) and 12 day(s)

 

failure to conduct the proceedings with due diligence during the period of detention;failure to examine the possibility of applying other measures of restraint Art. 3 – use of metal cages and/or other security arrangements in courtrooms – detention in a metal cage in court hearings before the NaberezhnyyeChelny Town Court since 23/01/2019 to 14/07/2020

Art. 13 – lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings

9,750

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

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