CASE OF SHAKIRZYANOV 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 1967 and lives in Kazan. 5. On 4 June 2002 he was convicted of disorderly acts and given a suspended two-year custodial sentence conditional on two years’ probation. On 14 November 2003 the court replaced the suspended sentence with an unconditional one because the applicant had failed to report to the probation authorities. On 16 December 2003 the Supreme Court of the Tatarstan Republic upheld that decision on appeal. The applicant subsequently served the full two years of the custodial sentence. 6. On 13 July 2016 the Presidium of the Supreme Court of the Tatarstan Republic quashed the decision of 14 November 2003 and the appeal decision of 16 December 2003, noting that the offence of disorderly acts had been decriminalised on 11 December 2003 and that the original sentence had been unenforceable. It held however that the applicant was not eligible for compensation for the unlawful detention because he had been initially found guilty and because the “right to the rehabilitation” did not cover the situations of ex post facto decriminalisation.