CASE OF SHALYA v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)
Dmitry Dedov;Erik Møse;Khanlar Hajiyev
4. The applicant was born in 1981 and lives in the Krasnodar Region. 5. On 29 November 2010 the applicant was arrested on suspicion of murder. On 27 October 2011 and other dates he was additionally charged with membership in a criminal syndicate and other offences. 6. On 27 January, 19 April, 19 July, 20 September, 17 October and 25 November 2011, 19 January, 16 April and 19 October 2012 and on other dates the authorised period of the applicant’s detention was extended. Each time the courts relied chiefly on the gravity of the charges against him. On 1 November 2012 the Krasnodar Regional Court considered and rejected, in a summary fashion, the applicant’s and his co-defendants’ appeals against the extension order of 19 October 2012. 7. The jury found the applicant not guilty of the offences he was charged with. On 19 June 2013 the applicant was acquitted and released. On 30 September 2013 the Supreme Court of the Russian Federation upheld the acquittal on appeal. 8. Invoking his “right to rehabilitation” under Article 133-135 of the Code of Criminal Procedure, the applicant brought a claim against the Federal Treasury for the loss of income and reimbursement of legal fees. He did not seek any compensation for non-pecuniary damage. By judgment of 28 January 2014, the Krasnodar Regional Court granted his claim in part.