CASE OF YUGAY v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)
Branko Lubarda;Georgios A. Serghides;Pere Pastor Vilanova
4. The applicant was born in 1985 and lives in Perm. 5. On 22 April 2008 the applicant was arrested on suspicion of drug dealing and was placed in pre-trial detention on the ground that he was suspected of committing a serious offence, was a foreign national, had no permanent place of residence in Perm, no job, no income, he could abscond and commit crimes. 6. On 18 June 2008 the Permskiy District Court of the Perm Region extended his pre-trial detention on the same grounds. 7. On 5 August 2008 the Permskiy District Court issued the first conviction which was quashed by the Perm Regional Court on 14 October 2008. The court held that the applicant should remain in detention without indicating any reasons. 8. By decisions of 1 November 2008 and 18 March 2009, as upheld on appeal, the Permskiy District Court extended the applicant’s pre-trial detention reiterating its earlier reasoning and stating that he could interfere with the investigation and put pressure on witnesses. 9. On 20 May 2010 the District Court issued a new conviction. On 14 December 2010 the Perm Regional Court quashed this conviction. The applicant remained in detention. 10. On 26 May 2011 the Perm Regional Court convicted the applicant of drug dealing and smuggling and sentenced him to 10 years’ imprisonment. On 25 October 2011 the Supreme Court of Russia commuted the sentence to 8 years’ imprisonment.