CASE OF SHAGABUTDINOV v. RUSSIA
Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment);Violation of Article 5 - Right to liberty and security (Article 5-3 - Reasonableness of pre-trial detention)
Branko Lubarda;Georgios A. Serghides;Pere Pastor Vilanova
4. The applicant was born in 1976 and lives in Moscow. 5. On 13 October 2006 the Zamoskvoretskiy District Court in Moscow remanded the applicant in custody on the charge of fraud. Subsequently the District Court extended the applicant’s detention on 8 December 2006 and on 2 February, 10 April, 29 May and 18 September 2007. Each time the District Court attached preponderant weight to the gravity of the charges against the applicant. On 21 May and 4 July 2007 the Moscow City Court rejected the appeals against the detention orders of 10 April and 29 May 2007, respectively. 6. The City Court authorised further extensions of the applicant’s detention on 28 September and 26 December 2007. The Supreme Court rejected his appeals on 31 October 2007 and 15 February 2008, respectively. 7. On 14 February 2008 the case was submitted for trial. On 20 February, 30 June and 17 December 2008 and 18 March and 18 June 2009 the District Courts in Moscow prolonged the applicant’s detention pending trial, referring mainly to the gravity of the charges. The most recent extension order was issued for the period until 19 September 2009. 8. Between 27 January 2007 and 16 May 2008 the applicant was detained in the IZ-77/1 remand prison in Moscow. The prison was filled beyond the design capacity and cells were severely overcrowded. He was later transferred to another remand prison in Moscow.