CASE OF KOLKUTIN v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)
Alena Poláčková;Helen Keller;Johannes Silvis
4. The applicant was born in 1962 and lives in Chita. 5. On 2 September 2004 the applicant was arrested on the charges of fraud and forgery of official documents. On 4 September 2004 the Tsentralnyy District Court of Chita authorised the applicant’s pre-trial detention. The court reasoned as follows: “The evidence collected ... incriminated [the applicant] ... in a serious crime which entails a custodial sentence exceeding ten years. ... The court takes note of the [applicant’s] character. However, ... it considers that, if at large, [the applicant] might put pressure on victims and witnesses or otherwise interfere with administration of justice or continue criminal activities, Accordingly, ... the court considers it necessary to remand [the applicant] in custody.” 6. On 11 November 2004 the Chita Regional Court upheld the decision of 2 September 2004 on appeal. 7. The applicant remained in custody pending investigation and trial. The court extended his pre-trial detention on several occasions reiterating, in substance, the reasoning employed by the District Court on 2 September 2004. 8. On 4 June 2007 the District Court found the applicant guilty as charged and sentenced him to eight years’ imprisonment.