CASE OF DEVTEROV v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)
Branko Lubarda;Dmitry Dedov;Helena Jäderblom
4. The applicant was born in 1980 and lives in Kushchevskaya, Krasnodar Region. 5. On 9 December 2010 the applicant was charged in absentia with accessory to murder and his name was put on the wanted list. 6. On 16 December 2010 the Kushchevskiy District Court of the Krasnodar Region issued a detention order against the applicant in absentia. 7. On 21 January 2011 the applicant reported to the police station where he was arrested. 8. On 29 March 2011 the District Court remanded the applicant in custody. In particular the court held, as follows: “... [the applicant] is suspected of having committed an extremely serious offence entailing 8 to 20 years’ custodial sentence or life imprisonment. As it has been established that during investigation [the applicant] stated that he intended to leave Russia and talked on the phone with a person living in Geneva ..., if released, [the applicant] might abscond, commit another offence, and threaten witnesses or other parties to criminal proceedings, destroy evidence or in any other way interfere with the investigation...”. 9. On 19 April 2011 the District Court extended the applicant’s pre-trial detention on the following grounds: “[The applicant] is accused of an extremely serious offence entailing 10 years’ imprisonment. The case materials contain evidence confirming his involvement in crimes. Moreover, ... he may abscond or, if released, commit other crimes. These circumstances existed as of the date of [the applicant’s] placement into custody and have not changed at the present time. ... Taking into account that it is necessary to conduct numerous investigative activities, the court shall grant the investigator’s request [to extend the applicant’s detention]”. 10. The applicant remained in detention pending investigation and trial. The courts extended his detention, using the above formula. The courts referred also to the applicant’s family status, personality, state of health, possibility to put pressure on witnesses and interfere with the investigation, absence of job. In particular, on 25 January 2012 the court held as follows: “... taking into account the personality of the accused, his family status, state of health and other circumstances, the court shall grant the investigator’s request and extend [the applicant’s] detention”. 11. The applicant lodged appeals against some detention orders but the courts rejected them. 12. On 2 November 2011 the applicant was additionally charged with membership in a criminal gang, six counts of unlawful transportation of fire arms and ammunition, attempted murder and murder. 13. In October 2012 the applicant, along with two co-defendants, was committed to stand trial before the Krasnodar Regional Court. 14. On 7 June 2013 the applicant was released. 15. On 19 June 2013 the Krasnodar Regional Court acquitted the applicant of all charges and held that the applicant be informed of the right to rehabilitation. 16. On 30 September 2013 the Supreme Court of the Russian Federation upheld the judgment of 19 June 2013 on appeal. 17. The applicant brought a claim against the Federal Treasury seeking compensation for pecuniary damage (legal expenses). 18. On 3 June 2014, the Regional Court awarded the applicant 680,600 Russian roubles as reimbursement of legal fees.