CASE OF FEDORIN v. RUSSIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);No 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 - Procedural guarantees of review);Violation of Article 6 - Right to a fair trial (Article 6-1 - Fair hearing;Equality of arms)
Branko Lubarda;Georgios A. Serghides;Pere Pastor Vilanova
4. The applicant was born in 1980 and lives in Samara. 5. At about 8.35 p.m. on 14 October 2009 the applicant was apprehended by officers of the Federal Service for Drug Control (ФСKН, “the drugs police”) during a test purchase of drugs from him. According to the applicant, he was brought to their premises at around 11 p.m. His account was corroborated by two drug police officers and two attesting witnesses. An arrest record was not compiled. Furthermore, at around 2 a.m. on the following day he was put in a cell that had not bed or stool, light, lavatory or running water, and was smeared with dirt and faeces. During his detention he had not been provided with food or drink, or permitted to use the toilet, but had had to urinate in a plastic bottle. At 6.30 p.m. a criminal case was instituted against the applicant, and thirty minutes later an investigator drew the arrest record, thus formally remanding the applicant in custody. At 11.55 p.m. on the same day he was transferred to a temporary detention centre. 6. On 16 October 2009 the Oktyabrskiy District Court of Samara remanded the applicant in custody. In particular, the court mentioned the following arguments: seriousness and nature of charges; previous conviction not being expunged; absence of “regular source of income”; hence possibility of continuing criminal activities or absconding or obstructing justice in any other manner. The applicant did not appeal. 7. On 11 December 2009 the District Court extended the applicant’s detention until 15 January 2010 finding that the grounds on which the preventive measure had previously been imposed still persisted and there was no reason to vary the preventive measure. Additionally, the court mentioned that the applicant had permanent place of residence and employment but it further stated that the applicant “did not have a regular source of income”. 8. On 22 December 2009 the Samara Regional Court dismissed the applicant’s appeal, endorsing the reasoning of the district court. The prosecutor was present at the appeal hearing unlike both the applicant and his counsel. 9. On 12 February 2010 the Kuybyshevskiy District Court of Samara found the applicant guilty of selling large quantities of narcotics and sentenced him to eight years’ imprisonment in a strict-security institution. 10. On 4 May 2010 the Samara Regional Court upheld the conviction. The prosecutor was present at the appeal hearing whereas both the applicant and his counsel were absent.