CASE OF PANOV v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)
Branko Lubarda;Georgios A. Serghides;Pere Pastor Vilanova
4. The applicant was born in 1977 and is currently serving a sentence in a correctional colony in the Tambov Region. 5. On 17 July 2007 the applicant was arrested on suspicion of robbery. On the following day the Meshchanskiy District Court of Moscow authorised his detention. 6. On 6 September 2007 the Taganskiy District Court extended the detention. That detention order was upheld on appeal on 22 October 2007 by the Moscow City Court. 7. Another extensions of detention followed on 16 October 2007 and 11 December 2007. The applicant appealed against both detention orders. 8. On 17 January 2008 the applicant was convicted as charged and sentenced to nine years’ imprisonment. The conviction became final on 19 March 2008. 9. On 2 July 2008, in reply to the applicant’s complaint about the failure to examine his appeal, the City Court informed him that his appeal against the detention order of 16 October 2007 was not received by the City Court. However, by a letter of 22 August 2008 the City Court forwarded the applicant’s appeal statement lodged on 17 October 2007 to the District Court, requiring it to perform procedural steps necessary to initiate the appeal proceedings. The City Court also informed the applicant that his appeal complaint of 17 October 2007 was mistakenly attached to another case-file. 10. No further information on organisation of the appeal hearing against the detention order of 16 October 2007 was provided.