CASE OF URMANOV v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention;Reasonableness of pre-trial detention);Violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of petition)
Branko Lubarda;Georgios A. Serghides;Pere Pastor Vilanova
4. The applicant was born in 1976 and lives in Neftekamsk, Bashkortostan Republic. 5. On 4 September 2008 the applicant was arrested on suspicion of causing and inciting prostitution of minors and unlawful breaking and entering. According to the record of the arrest, a number of witnesses made statements about the applicant’s involvement in the said crimes. 6. On 5 September 2008 the Leninskiy District Court of Ufa remanded the applicant in custody noting as follows: “[The applicant] is charged with serious offences, which fact suggests that, being a former law enforcement officer, if released, he may interfere with the establishment of the truth, influence or threaten witnesses and victims, continue criminal activities or abscond and it will not be possible to complete the investigation or conduct a trial. The Court considers that [a less strict] restrictive measure cannot be applied.” 7. The applicant remained in custody pending investigation and trial. Relying on the seriousness of the charges against the applicant, the District Court extended the applicant’s detention during investigation on 30 October and 18 December 2008. On 15 July and 20 October 2009, 20 January, 15 April, 16 June, 19 August and 15 November 2010 the Supreme Court of the Bashkortostan Republic extended the applicant’s detention pending trial. Each time the Supreme Court issued a collective detention order in respect of five defendants, including the applicant, and noted that the circumstances underlying their remand in custody had not ceased to exist. Relying further on the seriousness of the charges against the five defendants, the Supreme Court reasoned that, if released, they might abscond, continue criminal activities or interfere with the establishment of the truth. The applicant’s appeals were to no avail. 8. On an unspecified date the applicant was charged with abuse of power and organisation of a criminal gang. 9. On 27 December 2010 the Supreme Court of the Bashkortostan Republic found the applicant guilty of several counts of causing and inciting prostitution of minors, abuse of power and unlawful breaking and entering. He was acquitted of organisation of a criminal gang and one count of causing and inciting prostitution of minors. 10. On 27 April 2011 the Supreme Court of the Russian Federation upheld the applicant’s conviction on appeal. 11. On 21 July 2011 the applicant was released on parole. 12. Following the remand in custody on 5 September 2008, the applicant was detained in remand prison no. IZ-3/1 in Ufa. On 20 April 2009 the applicant was transferred to remand prison no. IZ 3/5 in Dyurtyuli where he was detained until 12 October 2009. 13. On 27 February 2009 the applicant sent a letter to the Court alleging a violation of his right to liberty and asking the Court to send him an application form. His letter was registered as application no. 19857/09. 14. On 17 April 2009 the Court sent a letter to the applicant which contained an application form to be filled out. In the letter the Court advised the applicant that he was to submit a completed application form by 12 June 2009. The Court’s letter was sent to remand prison no. IZ-3/1 in Ufa. The applicant was not detained at the remand prison at the moment and the Court’s letter was forwarded, to correctional colony no. IK-4. According to the stamp on the Court’s letter of 17 April 2009, the correctional colony received it on 2 September 2009. Then the administration of the correctional colony sent the letter back to remand prison no. IZ-3/1. The remand prison received it on 14 September 2009 and forwarded it to remand prison no. IZ3/5 where the applicant was detained. The letter arrived there on 2 October 2009 and on the same day the applicant received it (according to the applicant, he received the letter on 5 October 2009).