CASE OF ISTOMIN v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)
Dmitry Dedov;Khanlar Hajiyev;Linos-Alexandre Sicilianos
4. The applicant was born in 1969 and is detained in Mozzhukha, Kemerovo Region. 5. On 15 July 2009 the applicant was arrested on suspicion of large-scale embezzlement. 6. On 16 July 2009 he was formally charged with the crime. 7. On 17 July 2009 the Tsentralnyy District Court of Kemerovo remanded the applicant in custody pending investigation. The judge found that (1) the applicant was suspected of a serious crime, (2) his involvement in embezzlement was confirmed by the evidential material in the case file, (3) he might put pressure on witnesses or (4) he might interfere with investigation. 8. On 10 November 2009 the Zavodskoy District Court of Kemerovo extended the applicant’s pre-trial detention. The court referred to the gravity of the charges and reiterated that the applicant might threaten witnesses or interfere with investigation. It also observed that the applicant might reoffend or abscond. 9. On 26 November 2009 the Kemerovo Regional Court upheld the detention order of 10 November 2009 on appeal. 10. The applicant remained in custody pending investigation and trial until his release on 24 June 2010. 11. On 5 November 2013 the applicant was found guilty of the charge.