CASE OF CHERNOYVAN AND OTHERS v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention;Reasonableness of pre-trial detention)
Branko Lubarda;Dmitry Dedov;Helena Jäderblom
4. The applicants were prosecuted in Russia for various crimes. They were arrested and detained while the crimes were investigated and pending trial. Their detention was ordered and extended by the courts. The detention orders were essentially based on the gravity of the charges, the primary grounds being the risk of the applicants’ absconding and interfering with the course of justice. The detention and extension orders used stereotyped formulae, without addressing specific facts or considering alternative preventive measures. 5. The first applicant was born on 27 April 1961 and lived, prior to his arrest, in Poronaysk, Sakhalin Region. He was arrested on 27 February 2003 on suspicion of sexual assault and was placed in detention. He remained in custody while the crime was investigated and pending trial. On 9 February 2007 the Poronayskiy Town Court of the Sakhalin Region convicted him of sexual assault and sentenced him to six years and nine months’ imprisonment. On 6 June 2007 the Sakhalin Regional Court upheld his conviction on appeal. 6. The second applicant was born on 29 May 1971 and lived, prior to his conviction, in Samara. He was arrested on 13 March 2007 on suspicion of bribery. On 14 March 2007 he was released. On 29 March 2007 he was arrested again and placed in custody. He was released on 12 September 2007. On 20 May 2008 he was convicted of bribery and sentenced to one year and six months’ imprisonment. 7. The third applicant was born on 14 October 1979 and lived, prior to his arrest, in Ulybino, Novosibirsk Region. He was arrested on 15 August 2007 on suspicion of drug dealing. He remained in custody while the crime was investigated and pending trial. On 3 February 2011 the Novosibirsk Regional Court convicted him of drug dealing and abuse of power, and sentenced him to eight years and six months’ imprisonment. On 18 October 2011 the Supreme Court of Russia upheld his conviction on appeal. 8. The fourth applicant was born on 29 November 1986 and lived, prior to his conviction, in Turukhansk, Krasnoyarsk Region. On 23 April 2010 he was arrested on suspicion of murder. On 24 April 2010 a court remanded him in custody. His detention was subsequently extended. On 17 October 2012 he was convicted of aggravated murder and was sentenced to fifteen years’ imprisonment.