The applicants complained of the excessive length of their pre-trial detention.Some applicants also raised other complaints under the provisions of the Convention.<\/p>\n
THIRD SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Britvinand Others v. Russia,<\/strong><\/p>\n The European Court of Human Rights (Third Section), sitting as a Committee composed of: Having deliberated in private on 15 September 2022,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in applications against Russia lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on the various dates indicated in the appended table.<\/p>\n 2. The Russian Government (\u201cthe\u00a0Government\u201d) were given notice of the applications.<\/p>\n THE FACTS<\/strong><\/p>\n 3. The list of applicants and the relevant details of the applications are set out in the appended table.<\/p>\n 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.<\/p>\n THE LAW<\/strong><\/p>\n I. JOINDER OF THE APPLICATIONS<\/strong><\/p>\n 5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n II. ALLEGED VIOLATION OF ARTICLE 5\u00a0\u00a7\u00a03 OF THE CONVENTION<\/strong><\/p>\n 6. The applicants complained principally that their pre-trial detention had been unreasonably long. They relied on Article\u00a05\u00a0\u00a7\u00a03 of the Convention, which reads as follows:<\/p>\n Article\u00a05\u00a0\u00a7\u00a03<\/p>\n \u201c3. Everyone arrested or detained in accordance with the provisions of paragraph\u00a01\u00a0(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.\u201d<\/p>\n 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\u00a05 \u00a7\u00a03 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kud\u0142a v.\u00a0Poland [GC], no.\u00a030210\/96, \u00a7 110, ECHR 2000\u2011XI, and McKay v. the United Kingdom [GC], no. 543\/03, \u00a7\u00a7 41-44, ECHR 2006\u2011X, with further references).<\/p>\n 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.<\/p>\n 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\u2019 pre-trial detention was excessive.<\/p>\n 10. These complaints are therefore admissible and disclose a breach of Article\u00a05\u00a0\u00a7\u00a03 of the Convention.<\/p>\n III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW<\/strong><\/p>\n 11. In applications nos. 22998\/20, 35772\/20 and 47030\/20, 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\u00a035\u00a0\u00a7\u00a03\u00a0(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.\u00a05826\/03, \u00a7\u00a7 154-58, 22 May 2012, as regards lengthy review of detention matters; Svinarenko and Slyadnev v. Russia [GC], nos. 32541\/08 and\u00a043441\/08, ECHR 2014 (extracts), as regards detention in a metal cage during the court hearings; Tomov and Others v. Russia, nos. 18255\/10 and 5\u00a0others, \u00a7\u00a7 92-156, 9 April 2019, as regards conditions of transport; and Pavlova v. Russia, no. 8578\/12, 18 February 2020, as regards restrictions on family visits.<\/p>\n IV. REMAINING COMPLAINTS<\/strong><\/p>\n 12. The applicant in application no. 22998\/20 further complained about conditions of detention and lack of effective remedies in this connection. Having regard to the facts of the case, the submissions of the parties, and its findings above, the Court considers that it has dealt with the main legal questions raised by the applicant and that there is no need to examine these complaints (see Centre for Legal Resources on behalf of Valentin C\u00e2mpeanu v.\u00a0Romania [GC], no. 47848\/08, \u00a7 156, ECHR 2014).<\/p>\n 13. In application no.\u00a047030\/20 the applicant also raised a complaint under Article 5 \u00a7 4 of the Convention.<\/p>\n 14. 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 matter complained of is within its competence, this complaint does not meet the admissibility criteria set out in Articles\u00a034 and\u00a035 of the Convention.<\/p>\n It follows that this part of the application must be rejected in accordance with Article\u00a035\u00a0\u00a7\u00a04 of the Convention.<\/p>\n V. APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/strong><\/p>\n 15. Article 41 of the Convention provides:<\/p>\n \u201cIf 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.\u201d<\/p>\n 16. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Pastukhov and Yelagin v. Russia, no. 55299\/07, 19\u00a0December 2013), the Court considers it reasonable to award the sums indicated in the appended table.<\/p>\n 17. 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.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Decides to join the applications;<\/p>\n 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, decides that it is not necessary to examine separately further complaints in application no. 22998\/20 about conditions of detention and lack of effective remedies in this connection, and dismisses the remainder of application no.\u00a047030\/20 as inadmissible;<\/p>\n 3. Holds that these complaints disclose a breach of Article\u00a05\u00a0\u00a7\u00a03 of the Convention concerning the excessive length of pre-trial detention;<\/p>\n 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);<\/p>\n 5. Holds<\/p>\n (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;<\/p>\n (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.<\/p>\n Done in English, and notified in writing on 13 October 2022, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Viktoriya Maradudina\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Darian Pavli _________________<\/p>\n APPENDIX<\/strong>
\nCASE OF BRITVIN AND OTHERS v. RUSSIA<\/strong>
\n(Applications nos. 2113\/20 and 10 others \u2013 see appended list)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n13 October 2022<\/p>\n
\nDarian Pavli, President,
\nAndreas Z\u00fcnd,
\nFr\u00e9d\u00e9ric Krenc, judges,
\nand Viktoriya Maradudina, ActingDeputy Section Registrar,<\/p>\n
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n
\nList of applications raising complaints under Article 5 \u00a7 3 of the Convention
\n(excessive length of pre-trial detention)<\/p>\n