CASE OF AMIZHAYEV v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty)
Branko Lubarda;Georgios A. Serghides;Pere Pastor Vilanova
4. The applicant was born in 1979 and lives in Groznyy in the Chechen Republic. 5. On 23 June 2012 the applicant was arrested in connection with a drug-related offence and placed in custody. 6. On 14 August 2012 the Oktyabrskiy District Court of Groznyy found the applicant guilty and sentenced him to one year’s imprisonment. 7. On 14 November 2012 the Supreme Court of the Chechen Republic quashed the conviction and ordered a retrial. 8. On 30 May 2013 the Oktyabrskiy District Court again convicted the applicant and sentenced him to one year’s imprisonment. The court stated that the “preventive measure [should] remain unchanged until the conviction [had become] final”. 9. On 24 June 2013 counsel for the applicant asked the director of the remand prison to release the applicant since he had already served the one-year sentence. On the same day a judge of the District Court faxed a letter to the director, informing him that the applicant should not be released until the Supreme Court had examined the matter on appeal since the District Court ordered the preventive measure to remain unchanged. 10. On 3 July 2013 the Supreme Court upheld the conviction and the applicant was released.