SERKIN AND OTHERS v. RUSSIA - 61059/19 (Judgment : Article 5 - Right to liberty and security : Third Section Committee) [2022] ECHR 446 (09 June 2022)

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You are here: BAILII >> Databases >> European Court of Human Rights >> SERKIN AND OTHERS v. RUSSIA - 61059/19 (Judgment : Article 5 - Right to liberty and security : Third Section Committee) [2022] ECHR 446 (09 June 2022) URL: http://www.bailii.org/eu/cases/ECHR/2022/446.html Cite as: CE:ECHR:2022:0609JUD006105919, [2022] ECHR 446, ECLI:CE:ECHR:2022:0609JUD006105919

In the case of Serkin and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

          Darian Pavli, President,
          Andreas Zünd,
          Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 19 May 2022,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2. The Russian Government (“the Government”) were given notice of the applications.

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the excessive length of their pre-trial detention. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

I. JOINDER OF THE APPLICATIONS

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

II. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION

6. The applicants complained principally that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention, which reads as follows:

Article 5 § 3

“3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”

7. The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kudła v. Poland [GC], no. 30210/96, § 110, ECHR 2000‑XI, and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006‑X, with further references).

8. In the leading case of Dirdizov v. Russia, no. 41461/10, 27 November 2012, the Court already found a violation in respect of issues similar to those in the present case.

9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the applicants’ pre-trial detention was excessive.

10. These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention.

III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION

12. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

13. Regard being had to the documents in its possession and to its case‑law (see, in particular, Pastukhov and Yelagin v. Russia, no. 55299/07, 19 December 2013), the Court considers it reasonable to award the sums indicated in the appended table.

14. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;

2. Declares the applications admissible;

3. Holds that these applications disclose a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention;

4. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);

5. Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 9 June 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Darian Pavli

Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 3 of the Convention

(excessive length of pre-trial detention)

Application no. Date of introduction	Applicant’s name Year of birth	Period of detention/house arrest	Court which issued detention order/examined appeal	Length of detention	Specific defects	Other complaints under well‑established case-law	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1]
61059/19 15/11/2019	Maksim Yuryevich SERKIN 1973	04/06/2018 pending	Kirovskiy District Court of Khabarovsk; Khabarovsk Regional Court; Tverskoy District Court of Moscow, Moscow City Court	More than 3 year(s) and 10 month(s) and 2 day(s)	fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention;	Art. 5 (4) - excessive length of judicial review of detention - appeal against the detention order of 10/04/2019 (Tverskoy District Court) was heard on 15/05/2019 (Moscow City Court); appeal against the detention order of 29/05/2019 of the Tverskoy District Court was examined on appeal on 15/08/2019 by the Moscow City Court	5,300
4420/20 27/12/2019	Roman Aleksandrovich KARETNIKOV 1986	26/05/2015 pending	Severodvinsk Town Court of the Arkhangelsk Region; Arkhangelsk Regional Court	More than 6 year(s) and 10 month(s) and 11 day(s)	failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint as the case progressed; failure to examine the possibility of applying other measures of restraint as the case progressed;	Art. 5 (4) - excessive length of judicial review of detention - Detention order of the Arkhangelsk Regional Court of 05/12/2019 was upheld on appeal by the 2nd Appellate Court of General Jurisdiction on 03/02/2020	6,500
11711/20 05/02/2020	Dmitriy Aleksandrovich DANILOV 1985	26/05/2015 pending	Severodvinsk Town Court of the Arkhangelsk Region; Arkhangelsk Regional Court	More than 6 year(s) and 10 month(s) and 11 day(s)	failure to conduct the proceedings with due diligence during the period of detention; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding as the case progressed; failure to examine the possibility of applying other measures of restraint as the case progressed;		5,000
12505/20 14/02/2020	Ilkin Elshanovich SALIMOV 1994	07/05/2017 to 09/12/2021	Zheleznogorskiy Town Court of the Krasnoyarsk Region, Leninskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Court of Appeal of general jurisdiction	4 year(s) and 7 month(s) and 3 day(s)	failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint as the case progressed; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice as the case progressed;	Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in a metal cage on multiple occasions during the trial hearings held in the courtroom of the Krasnoyarsk Regional Court since 18/02/2019, Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention	9,100
12722/20 21/02/2020	Oleg Aleksandrovich CHUKLANOV 1984	08/02/2018 pending	Vakhitovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic	More than 4 year(s) and 1 month(s) and 29 day(s)	failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;		4,200
14965/20 12/02/2020	Vitaliy Yakovlevich LIPPS 1986	24/09/2018 to 07/12/2000	Chernovskiy District Court of Chita; Zabaykalskiy Regional Court; 5ht Appeal Court of General Jurisdiction	2 year(s) and 2 month(s) and 14 day(s)	failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint;		2,300
17033/20 13/03/2020	Marina Gennadyevna SMIRNOVA 1982	18/09/2016 to 02/12/2019	Naberezhnye Chelny Town Court of the Republic of Tatarstan, Supreme Court of the Republic of Tatarstan	3 year(s) and 2 month(s) and 15 day(s)	failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;		3,300
17193/20 28/02/2020	Yuriy Nikolayevich VARNIKOV 1985	09/11/2014 pending	Arkhangelsk Regional Court; 2nd Appellate Court of General Jurisdiction	More than 7 year(s) and 4 month(s) and 28 day(s)	failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint as the case progressed; failure to examine the possibility of applying other measures of restraint as the case progressed;	Art. 5 (4) - excessive length of judicial review of detention - Detention order of the Arkhangelsk Regional Court of 05/12/2019 was upheld on appeal by the 2nd Appellate Court of General Jurisdiction on 03/02/2020	6,500
22482/20 20/04/2020	Niyaz Refkatevich ZIYATTINOV 1987	24/04/2018 to 20/01/2020	Vakhitovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic; Tsentralnyy District Military Court of Ekaterinburg; Privolzhskiy Distriict Military Court; Appellate Military Court	1 year(s) and 8 month(s) and 28 day(s)	use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to conduct the proceedings with due diligence during the period of detention;		1,900
33723/20 15/07/2020	Alaudin Savarbekovich BOKOV 1983	05/09/2019 pending	Ostankinskiy District Court of Moscow, Moscow City Court	More than 2 year(s) and 7 month(s) and 1 day(s)	fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention;	Art. 5 (4) - excessive length of judicial review of detention - appeals against numerous detention orders issued since 2019 were examined by the appeal court within the period each time exceeding 30 days.	3,600
35473/20 23/07/2020	Yelena Valentinovna KLIMOVSKAYA 1968	01/02/2019 to 30/01/2020	Syktyvkar Town Court of the Komi Republic, Supreme Court of the Komi Republic	11 month(s) and 30 day(s)	use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint		1,000

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Period of detention/house arrest

Court which issued detention order/examined appeal

Length of detention

Specific defects

Other complaints under well‑established case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1]

61059/19

15/11/2019

Maksim Yuryevich SERKIN

1973

04/06/2018

pending

Kirovskiy District Court of Khabarovsk; Khabarovsk Regional Court; Tverskoy District Court of Moscow, Moscow City Court

More than 3 year(s) and 10 month(s) and 2 day(s)

fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention;

Art. 5 (4) - excessive length of judicial review of detention - appeal against the detention order of 10/04/2019 (Tverskoy District Court) was heard on 15/05/2019 (Moscow City Court); appeal against the detention order of 29/05/2019 of the Tverskoy District Court was examined on appeal on 15/08/2019 by the Moscow City Court

5,300

4420/20

27/12/2019

Roman Aleksandrovich KARETNIKOV

1986

26/05/2015

pending

Severodvinsk Town Court of the Arkhangelsk Region;

Arkhangelsk Regional Court

More than 6 year(s) and 10 month(s) and 11 day(s)

failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint as the case progressed; failure to examine the possibility of applying other measures of restraint as the case progressed;

Art. 5 (4) - excessive length of judicial review of detention - Detention order of the Arkhangelsk Regional Court of 05/12/2019 was upheld on appeal by the 2nd Appellate Court of General Jurisdiction on 03/02/2020

6,500

11711/20

05/02/2020

Dmitriy Aleksandrovich DANILOV

1985

26/05/2015

pending

Severodvinsk Town Court of the Arkhangelsk Region;

Arkhangelsk Regional Court

More than 6 year(s) and 10 month(s) and 11 day(s)

failure to conduct the proceedings with due diligence during the period of detention;

failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding as the case progressed; failure to examine the possibility of applying other measures of restraint as the case progressed;

5,000

12505/20

14/02/2020

Ilkin Elshanovich SALIMOV

1994

07/05/2017 to

09/12/2021

Zheleznogorskiy Town Court of the Krasnoyarsk Region,

Leninskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court,

Fifth Court of Appeal of general jurisdiction

4 year(s) and

7 month(s) and

3 day(s)

failure to conduct the proceedings with due diligence during the period of detention; failure to examine the possibility of applying other measures of restraint as the case progressed; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice as the case progressed;

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in a metal cage on multiple occasions during the trial hearings held in the courtroom of the Krasnoyarsk Regional Court since 18/02/2019,

Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention

9,100

12722/20

21/02/2020

Oleg Aleksandrovich CHUKLANOV

1984

08/02/2018

pending

Vakhitovskiy District Court of Kazan;

Supreme Court of the Tatarstan Republic

More than 4 year(s) and 1 month(s) and 29 day(s)

failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;

4,200

14965/20

12/02/2020

Vitaliy Yakovlevich LIPPS

1986

24/09/2018 to

07/12/2000

Chernovskiy District Court of Chita; Zabaykalskiy Regional Court;

5ht Appeal Court of General Jurisdiction

2 year(s) and

2 month(s) and

14 day(s)

2,300

17033/20

13/03/2020

Marina Gennadyevna SMIRNOVA

1982

18/09/2016 to

02/12/2019

Naberezhnye Chelny Town Court of the Republic of Tatarstan, Supreme Court of the Republic of Tatarstan

3 year(s) and

2 month(s) and

15 day(s)

failure to examine the possibility of applying other measures of restraint; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;

3,300

17193/20

28/02/2020

Yuriy Nikolayevich VARNIKOV

1985

09/11/2014

pending

Arkhangelsk Regional Court;

2nd Appellate Court of General Jurisdiction

More than 7 year(s) and 4 month(s) and 28 day(s)

6,500

22482/20

20/04/2020

Niyaz Refkatevich ZIYATTINOV

1987

24/04/2018 to

20/01/2020

Vakhitovskiy District Court of Kazan;

Supreme Court of the Tatarstan Republic;

Tsentralnyy District Military Court of Ekaterinburg; Privolzhskiy Distriict Military Court;

Appellate Military Court

1 year(s) and

8 month(s) and

28 day(s)

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to conduct the proceedings with due diligence during the period of detention;

1,900

33723/20

15/07/2020

Alaudin Savarbekovich BOKOV

1983

05/09/2019

pending

Ostankinskiy District Court of Moscow, Moscow City Court

More than 2 year(s) and 7 month(s) and 1 day(s)

fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding;

failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention;

Art. 5 (4) - excessive length of judicial review of detention - appeals against numerous detention orders issued since 2019 were examined by the appeal court within the period each time exceeding 30 days.

3,600

35473/20

23/07/2020

Yelena Valentinovna KLIMOVSKAYA

1968

01/02/2019 to

30/01/2020

Syktyvkar Town Court of the Komi Republic, Supreme Court of the Komi Republic

11 month(s) and

30 day(s)

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint

1,000