CASE OF MAKHMUD v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention);Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review)
Alena Poláčková;Helen Keller;Johannes Silvis
4. The applicant, Mr Mokhammed Makhmud, is a Somali national, who was born in 1979 and currently lives in the United States of America. 5. On an unspecified date the applicant arrived to Russia. He was granted refugee status by the Russian authorities and applied to the United States authorities for asylum. 6. According to the Russian authorities, the applicant was involved in transportation of four illegal migrants from Russia to Finland. 7. On 28 May 2012 the applicant was arrested and formally charged. 8. On 31 May 2012 the Primorsk District Court of St Petersburg remanded the applicant in custody. The District Court noted that the applicant was a foreign national without a permanent place of residence in Russia and official employment and charged with a serious crime. The District Court also noted that his application for asylum was pending before the United States Consulate in Russia. 9. On 1 June 2012 the applicant’s representative appealed. 10. On 12 July 2012 the St Petersburg City Court quashed the detention order of 31 May 2012 on appeal and referred the matter back to the first-instance court. 11. On 19 July 2012 the District Court, relying on the same grounds, ordered the applicant’s detention between 28 May and 28 July 2012. In doing so, the District Court considered that neither the applicant’s refugee status nor his permanent place of residence and dependent family members (wife and child) justified the application of an alternative preventive measure. Finally, it referred to the applicant’s intention stated at the hearing eventually to leave the Russian territory. 12. On 20 July 2012 the applicant’s counsel appealed. 13. On 3 September 2012 the St Petersburg City Court upheld the detention order on appeal. 14. On 20 July 2012, the District Court, relying on the same grounds, extended the applicant’s detention. 15. On 26 July 2012 the applicant appealed. 16. On 13 September 2012 the St Petersburg City Court upheld the detention order on appeal. 17. On 12 September 2012, the District Court, relying on the same grounds, extended the applicant’s detention until 14 October 2012. 18. On 18 September 2012 the applicant appealed. 19. On 13 December 2012 the St Petersburg City Court rejected the applicant’s counsel’s appeal. 20. On 22 January 2013 the St. Petersburg City Court held a preparatory hearing and again extended the applicant’s detention for another six months. 21. On 25 January 2013 the applicant appealed. 22. On 14 March 2013 the St Petersburg Regional Court upheld the detention order. 23. On 4 June 2013 the District Court, by a collective detention order in respect of both co-defendants, extended the applicant’s detention for another three months. 24. On 13 June 2013 the applicant appealed. 25. On 4 September 2013 the St Petersburg City Court upheld the detention order on appeal. 26. On 26 September 2013 the District Court extended the applicant’s detention until 28 December 2013. The applicant was in detention pending trial at least until 2 January 2014. 27. On 9 April 2014 the District Court found the applicant guilty and convicted him to two years’ imprisonment.