CASE OF DVORETSKIY v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-4 - Procedural guarantees of review)
Dmitry Dedov;Luis López Guerra
4. The applicant was born in 1966 and lived before his arrest in the Arkhangelsk Region. He is currently detained in the town of Severodvinsk. 5. On an unspecified date the applicant, while being on the wanted list after having breached his undertaking not to leave the place of his residence, was arrested on the charges of violent acts against a public official (Article 318 § 1 of the Criminal Code of the Russian Federation). On 18 May 2010 the Severodvinsk Town Court of the Arkhangelsk Region authorised his detention. 6. On 2 September 2010 the applicant asked the Town Court to apply a non-custodial restraint measure to him. The applicant and his lawyer attended the hearing and made oral submissions. The Town Court dismissed the motion for release, having referred, in particular, to the applicant’s criminal record, which included two convictions for having mounted threats of violence against a judge, an offence under Article 296 of the Criminal Code, and for contempt of court, punishable under Article 297 of the Criminal Code. The applicant appealed. 7. In the meantime, on 20 September 2010 the applicant was convicted as charged. 8. On 12 October 2010 the Arkhangelsk Regional Court upheld the decision of the Town Court of 2 September 2010. With reference to its discretional powers under Article 379 of the Code of Criminal Procedure of the Russian Federation the appeal court rejected the applicant’s leave to appear, and held the hearing in his absence.