TRENCHENKOV AND OTHERS v. RUSSIA - 65143/19 (Judgment : Article 5 - Right to liberty and security : Third Section Committee) [2022] ECHR 523 (23 June 2022)

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You are here: BAILII >> Databases >> European Court of Human Rights >> TRENCHENKOV AND OTHERS v. RUSSIA - 65143/19 (Judgment : Article 5 - Right to liberty and security : Third Section Committee) [2022] ECHR 523 (23 June 2022) URL: http://www.bailii.org/eu/cases/ECHR/2022/523.html Cite as: CE:ECHR:2022:0623JUD006514319, [2022] ECHR 523, ECLI:CE:ECHR:2022:0623JUD006514319

In the case of Trenchenkov 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 2 June 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 unreasonably 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

11. In applications nos. 1815/20, 14099/20 and 15257/20, the applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), related to detention in a metal cage during court hearings; and Idalov v. Russia [GC], no. 5826/03, 22 May 2012, concerning poor conditions of transport of detainees and lack of speedy review of detention matters.

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, and Svinarenko and Slyadnev [GC], cited above), 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 23 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	Representative’s name and location	Period of detention	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]
65143/19 10/12/2019	Vyacheslav Yuryevich TRENCHENKOV 1961	Zmanovskiy Nikolay Vitalyevich Irkutsk	25/04/2018 to 28/05/2020	Kirovskiy District Court of Irkutsk, Kuybyshevskiy District Court of Irkutsk, Irkutsk Regional Court	2 year(s) and 1 month(s) and 4 day(s)	fragility of the reasons employed by the courts; 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice		2,200
1815/20 27/12/2019	Vladimir Vasilyevich SHEVCHENKO 1968	Meleshko Aleksandr Valeryevich St Petersburg	15/03/2018 to 19/11/2019	Vasileostrovskiy District Court of St Petersburg, St Petersburg City Court	1 year(s) and 8 month(s) and 5 day(s)	fragility of the reasons employed by the courts	Art. 5 (4) - excessive length of judicial review of detention - order of 26/07/2019, appeal on 09/09/2019, Art. 3 - use of metal cages and/or other security arrangements in courtrooms - on 19/11/2019 in the Vasileostrovskiy District Court of St Petersburg, Art. 3 - inadequate conditions of detention during transport - in prison vans from 06/06/2018 to 19/11/2019, Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.	9,750
2178/20 25/12/2019	Valeriy Nikolayevich FEDOTOV 1972	Motovilov Andrey Nikolayevich Omsk	07/03/2019 to 20/01/2020	Kuybishevskiy District Court of Omsk, Omsk Regional Court	10 month(s) and 14 day(s)	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		1,000
7665/20 20/01/2020	Sergey Petrovich VOLKODAV 1966	Yurunov Pavel Viktorovich Moscow	13/05/2019 pending	Basmannyy District Court, Moscow City Court	More than 2 year(s) and 11 month(s) and 1 day(s)	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		3,000
8049/20 04/02/2020	Aleksandr Aleksandrovich SLIVKO 1983	Kobelev Denis Valeryevich Moscow	02/10/2019 pending	Basmannyy District Court of Moscow, Moscow City Court	More than 2 year(s) and 6 month(s) and 12 day(s)	fragility of the reasons employed by the courts; collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice		2,700
11871/20 13/02/2020	Aleksandr Aleksandrovich PERFILYEV 1975	Kuzmin Aleksey Valeryevich Samara	22/03/2019 pending	Tverskoy District Court of Moscow, Moscow City Court	More than 3 year(s) and 23 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		3,100
12144/20 21/02/2020	Mikhail Sergeyevich KISELEV 1987	Rozhin Roman Aleksandrovich Moscow	22/11/2019 pending	Kuzminskiy District Court of Moscow, Moscow City Court	More than 2 year(s) and 4 month(s) and 23 day(s)	fragility of the reasons employed by the courts; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding, or absconding		2,500
13245/20 26/02/2020	Pavel Igorevich KUZNETSOV 1977	Kachalina Yuliya Andreyevna St Petersburg	31/10/2018 to 07/09/2020	Moscow City Court	1 year(s) and 10 month(s) and 8 day(s)	collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; white-collar crime charges (bribe)		2,100
14099/20 21/02/2020	Yevgeniy Aleksandrovich VYDYSH 1976	Sukhareva Tatyana Viktorovna Moscow	21/06/2018 to 22/07/2020	Rostov-on-Don garrison Military Court, Military Court of the North‑Caucasus Circuit	2 year(s) and 1 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 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	Art. 3 - inadequate conditions of detention during transport - transport in overcrowded vans (either in the common compartment or alone in the glass cubicle) since 22/06/2018; overcrowding; restricted access to toilet; lack of fresh air, Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings, Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in a metal cage during court hearings before the Rostov-on-Don Garrison Military Court since 22/06/2019.	9,750
15257/20 10/03/2020	Abdurakhmon Suleymonovich SOATOV 1990	Zubitskiy Pavel Nikolayevich Moscow	24/08/2019 to 14/09/2020	Babushkinskiy District Court of Moscow, Moscow City Court	1 year(s) and 22 day(s)	failure to conduct the proceedings with due diligence during the period of detention	Art. 5 (4) - excessive length of judicial review of detention - Appeal review of the detention orders of the Babushkinskiy District Court of Moscow of 22/10/2019, 20/11/2019, 18/12/2019 took 30-60 days (appeal decision of the Moscow City Court of 21/11/2019, 16/01/2020, 21/01/2020).	1,600
16646/20 23/03/2020	Sergeyus KHOLCHEVAS 1979	Mazitov Marat Farukovich Moscow	12/06/2018 to 01/09/2020	Moscow City Court	2 year(s) and 2 month(s) and 21 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; failure to conduct the proceedings with due diligence during the period of detention		2,300
17036/20 16/03/2020	Sergey Vyacheslavovich VARFOLOMEYEV 1967	Lugantsev Konstantin Nikolayevich Rostov-on-Don	25/04/2018 to 25/12/2019	Krasnodar Regional Court, Tsentralnyy District Court of Sochi	1 year(s) and 8 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		1,900
19572/20 08/05/2020	Aleksandr Aleksandrovich ZAKHARCHENKO 1990	Shuravina Olga Vladislavovna Krasnodar	21/11/2018 to 19/06/2020	Pervomayskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Krasnodar Regional Court	1 year(s) and 6 month(s) and 30 day(s)	use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; collective detention orders; fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint		1,700
19809/20 02/04/2020	Sergey Fedorovich RUBEZHNOY 1974	Koshev Vladimir Vladimirovich Stavropol	26/06/2018 pending	Leninskiy District Court of Stavropol, Stavropol Regional Court	More than 3 year(s) and 9 month(s) and 19 day(s)	use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice, as the case progressed; 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; failure to conduct the proceedings with due diligence during the period of detention		4,000
20533/20 21/04/2020	Savva Usementayevich ALEKSEYEV 1979	Yarlykova Yelena Nikolayevna Moscow	05/07/2017 to 19/02/2020	Solntsevskiy District Court of Moscow, Moscow City Court	2 year(s) and 7 month(s) and 15 day(s)	fragility of the reasons employed by the courts; 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice.		2,800

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Period of detention

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]

65143/19

10/12/2019

Vyacheslav Yuryevich TRENCHENKOV

1961

Zmanovskiy Nikolay Vitalyevich

Irkutsk

25/04/2018 to

28/05/2020

Kirovskiy District Court of Irkutsk, Kuybyshevskiy District Court of Irkutsk,

Irkutsk Regional Court

2 year(s) and 1 month(s) and 4 day(s)

fragility of the reasons employed by the courts; 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice

2,200

1815/20

27/12/2019

Vladimir Vasilyevich SHEVCHENKO

1968

Meleshko Aleksandr Valeryevich

St Petersburg

15/03/2018 to

19/11/2019

Vasileostrovskiy District Court of St Petersburg, St Petersburg City Court

1 year(s) and 8 month(s) and 5 day(s)

fragility of the reasons employed by the courts

Art. 5 (4) - excessive length of judicial review of detention - order of 26/07/2019, appeal on 09/09/2019,

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - on 19/11/2019 in the Vasileostrovskiy District Court of St Petersburg,

Art. 3 - inadequate conditions of detention during transport - in prison vans from 06/06/2018 to 19/11/2019,

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.

9,750

2178/20

25/12/2019

Valeriy Nikolayevich FEDOTOV

1972

Motovilov Andrey Nikolayevich

Omsk

07/03/2019 to

20/01/2020

Kuybishevskiy District Court of Omsk,

Omsk Regional Court

10 month(s) and 14 day(s)

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

1,000

7665/20

20/01/2020

Sergey Petrovich VOLKODAV

1966

Yurunov Pavel Viktorovich

Moscow

13/05/2019

pending

Basmannyy District Court, Moscow City Court

More than 2 year(s) and 11 month(s) and 1 day(s)

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

3,000

8049/20

04/02/2020

Aleksandr Aleksandrovich SLIVKO

1983

Kobelev Denis Valeryevich

Moscow

02/10/2019

pending

Basmannyy District Court of Moscow, Moscow City Court

More than 2 year(s) and 6 month(s) and 12 day(s)

fragility of the reasons employed by the courts; collective detention orders; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice

2,700

11871/20

13/02/2020

Aleksandr Aleksandrovich PERFILYEV

1975

Kuzmin Aleksey Valeryevich

Samara

22/03/2019

pending

Tverskoy District Court of Moscow, Moscow City Court

More than 3 year(s) and 23 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

3,100

12144/20

21/02/2020

Mikhail Sergeyevich KISELEV

1987

Rozhin Roman Aleksandrovich

Moscow

22/11/2019

pending

Kuzminskiy District Court of Moscow, Moscow City Court

More than 2 year(s) and 4 month(s) and 23 day(s)

fragility of the reasons employed by the courts;

failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding, or absconding

2,500

13245/20

26/02/2020

Pavel Igorevich KUZNETSOV

1977

Kachalina Yuliya Andreyevna

St Petersburg

31/10/2018 to

07/09/2020

Moscow City Court

1 year(s) and 10 month(s) and 8 day(s)

collective detention orders; failure to conduct the proceedings with due diligence during the period of detention; white-collar crime charges (bribe)

2,100

14099/20

21/02/2020

Yevgeniy Aleksandrovich VYDYSH

1976

Sukhareva Tatyana Viktorovna

Moscow

21/06/2018 to

22/07/2020

Rostov-on-Don garrison Military Court, Military Court of the North‑Caucasus Circuit

2 year(s) and 1 month(s) and 2 day(s)

Art. 3 - inadequate conditions of detention during transport - transport in overcrowded vans (either in the common compartment or alone in the glass cubicle) since 22/06/2018; overcrowding; restricted access to toilet; lack of fresh air,

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings,

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in a metal cage during court hearings before the Rostov-on-Don Garrison Military Court since 22/06/2019.

9,750

15257/20

10/03/2020

Abdurakhmon Suleymonovich SOATOV

1990

Zubitskiy Pavel Nikolayevich

Moscow

24/08/2019 to

14/09/2020

Babushkinskiy District Court of Moscow, Moscow City Court

1 year(s) and 22 day(s)

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

Art. 5 (4) - excessive length of judicial review of detention - Appeal review of the detention orders of the Babushkinskiy District Court of Moscow of 22/10/2019, 20/11/2019, 18/12/2019 took 30-60 days (appeal decision of the Moscow City Court of 21/11/2019, 16/01/2020, 21/01/2020).

1,600

16646/20

23/03/2020

Sergeyus KHOLCHEVAS

1979

Mazitov Marat Farukovich

Moscow

12/06/2018 to

01/09/2020

Moscow City Court

2 year(s) and 2 month(s) and 21 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; failure to conduct the proceedings with due diligence during the period of detention

2,300

17036/20

16/03/2020

Sergey Vyacheslavovich VARFOLOMEYEV

1967

Lugantsev Konstantin Nikolayevich

Rostov-on-Don

25/04/2018 to

25/12/2019

Krasnodar Regional Court, Tsentralnyy District Court of Sochi

1 year(s) and 8 month(s) and 1 day(s)

1,900

19572/20

08/05/2020

Aleksandr Aleksandrovich ZAKHARCHENKO

1990

Shuravina Olga Vladislavovna

Krasnodar

21/11/2018 to

19/06/2020

Pervomayskiy District Court of Krasnodar, Oktyabrskiy District Court of Krasnodar, Krasnodar Regional Court

1 year(s) and 6 month(s) and 30 day(s)

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; collective detention orders;

fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint

1,700

19809/20

02/04/2020

Sergey Fedorovich RUBEZHNOY

1974

Koshev Vladimir Vladimirovich

Stavropol

26/06/2018

pending

Leninskiy District Court of Stavropol, Stavropol Regional Court

More than 3 year(s) and 9 month(s) and 19 day(s)

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

4,000

20533/20

21/04/2020

Savva Usementayevich ALEKSEYEV

1979

Yarlykova Yelena Nikolayevna

Moscow

05/07/2017 to

19/02/2020

Solntsevskiy District Court of Moscow, Moscow City Court

2 year(s) and 7 month(s) and 15 day(s)

fragility of the reasons employed by the courts; 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; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice.

2,800