CASE OF ANTSIFEROV AND NOVIKOV v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review)
Branko Lubarda;Dmitry Dedov;Helena Jäderblom
4. The applicants were prosecuted in Russia for crimes. They were arrested and detained while the crimes were investigated and pending trial. Their detention was ordered and extended by the courts. The detention orders were essentially based on the gravity of the charges, the primary grounds being the risk of the applicants’ absconding and interfering with the course of justice. The detention and extension orders used stereotypical formulae, without addressing specific facts or considering alternative preventive measures. 5. The first applicant was born on 20 August 1983 and lived, prior to his arrest, in Yekaterinburg, Sverdlovsk Region. The applicant was arrested on 30 March 2005 on suspicion of fraud and placed in detention. He remained in custody pending investigation and trial. 6. On 19 April and 14 July 2006 his pre-trial detention was extended. His appeals against these detention orders were considered on 23 July and 3 November 2006 respectively. The applicant and his lawyer did not attend the hearing on 19 April 2006. 7. On 23 October 2006 the Leninskiy District Court of Yekaterinburg convicted the applicant of fraud and sentenced him to three years’ imprisonment. 8. The second applicant was born on 2 November 1972 and lived, prior to his arrest, in Vorkuta, Komi Republic. The applicant was arrested on 14 January 2008. He remained in custody pending investigation and trial. 9. On 5 June and 2 September 2009 the applicant’s pre-trial detention was extended. His appeals against these detention orders were examined on 24 July and 30 October 2009. The applicant and his lawyer were not present at the hearings on 24 July, 2 September and 30 October 2009. 10. On 6 November 2009 the Vorkuta Town Court of the Komi Republic convicted him of drug dealing and sentenced him to fourteen years and nine months’ imprisonment and a fine.