CASE OF ZHULIN v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review)
Branko Lubarda;Dmitry Dedov;Helena Jäderblom
4. The applicant was born in 1971 and lives in Arzamas. 5. In the early hours of 5 June 2005, at about 3 a.m., the police arrested the applicant. In the morning he was interviewed and later taken to the hospital because he broke the window and injured himself. At 6 p.m. the arrest record was drawn up; it gave 6 p.m. as the time of the applicant’s arrest. 6. On 7 June 2005 the Lukoyanovskiy District Court in the Nizhny Novgorod Region remanded the applicant in custody for an initial twomonth period. 7. On 8 August 2005 the District Court held a hearing to decide, among other matters, on an extension of the applicant’s detention. The applicant asked for release; counsel for the applicant pointed out that, since the authorised detention period had ended on 5 August 2005, his detention in the following three days had been unlawful. The District Court extended the applicant’s detention, finding that the “preventive measure [should] remain unchanged”. 8. In the statement of appeal against the District Court’s extension order, the applicant complained that the custodial measure which had already expired could not “remain unchanged”. The appeal was forwarded to the Regional Court only on 8 September 2005. 9. On 23 September 2005 the Regional Court rejected the appeal in a summary fashion, without addressing the applicant’s arguments. 10. On 25 January 2006 the District Court extended the applicant’s detention until 25 April 2006, without informing the applicant or his representative about the hearing or giving any reasons for its decision. The applicant filed an appeal on 30 January 2006 which was dismissed by the Regional Court on 31 May 2006. 11. By judgment of 25 August 2006, as upheld on appeal on 17 October 2006, the applicant was found guilty and given a custodial sentence.