CASE OF TARKHANOV v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation)
Alena Poláčková;Dmitry Dedov
4. The applicant was born in 1980 in Abakan, the Khakassiya Republic. 5. The applicant stood accused of theft and murder. On 22 November 2004 the Sayanogorsk Town Court in Khakassiya fixed, in the hearing held without the applicant’s attendance, the opening date for the trial and ordered an extension of his pre-trial detention. On 2 December 2004 the applicant was convicted and given a custodial sentence. 6. On 22 March 2005 the Constitutional Court held, in unrelated proceedings, that the provisions of the Code of Criminal Procedure ought to be interpreted as guaranteeing the right of the defendant to take part in the hearing where the matter of detention was decided, to make submissions to the court and to produce evidence (Judgment no. 4-P, point 4 of the operative part). 7. On 8 August 2013 the Presidium of the Supreme Court of the Khakassiya Republic quashed the Town Court’s decision of 22 November 2004 in the part relating to the detention matter. Referring to the case-law of the Constitutional Court, it found that the District Court had unlawfully extended the applicant’s detention without giving him an opportunity to take part in the hearing or to make submissions to the court. 8. The applicant sued the Ministry of Finance, seeking compensation for the unlawful detention from 22 November to 2 December 2004. By judgment of 16 September 2013, as upheld on appeal on 27 November 2013, the Abakan Town Court rejected his claim, holding that he was not eligible for compensation in respect of pre-trial detention because he had been found guilty and given a custodial sentence.