SULEYMANOV AND OTHERS v. RUSSIA - 5214/18 (Article 5 - Right to liberty and security : First Section Committee) [2024] ECHR 498 (06 June 2024)

SULEYMANOV AND OTHERS v. RUSSIA - 5214/18 (Article 5 - Right to liberty and security : First Section Committee) [2024] ECHR 498 (06 June 2024)

The Court found that the applicants' pre-trial detention was excessively long in violation of Article 5 § 3 of the Convention, and that other violations occurred under well-established case-law, including inadequate judicial review, poor conditions of detention, use of metal cages, lack of compensation, unlawful...

Source-derived case information.

Citation
[2024] ECHR 498
Parties
Applicant: Ruslan Vasilyevich Suleymanov; Applicant: Magomed Khamzatovich Khazbiyev; Applicant: Dmitriy Yuryevich Gorev; Applicant: Artem Vyacheslavovich Lyubimov; Applicant: Konstantin Pavlovich Taran; Applicant: Maksim Aleksandrovich Kosarev; Applicant: Vladislav Yevgenyevich Babiychuk; Applicant: Yuriy Lvovich Oreshkin; Applicant: Kirill Gennadyevich Laskin; Applicant: Sergey Vladimirovich Gerasimov; Applicant: Vagan Leonovich Abgaryan; Applicant: Michael John Calvey; Applicant: Maksim Nikolayevich Miroshnik; Applicant: Mikhail Alekseyevich Smykov; Applicant: Andrey Vitalyevich Galochka; Applicant: Lyubov Aleksandrovna Kapravaya; Applicant: Igor Nikolayevich Pyatigorets; Applicant: Ayrat Aydarovich Kamalov; Applicant: Yevgeniy Yuryevich Maksimov; Applicant: Pavel Alekseyevich Maslovskiy; Applicant: Viktor Mikhaylovich Kanevskiy; Applicant: Aleksey Leonidovich Krishtopa; Applicant: Igor Yakovlevich Shapiro; Applicant: Vitaliy Vyacheslavovich Kolesnikov; Respondent: Russian Federation
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Applications joined; violations of Article 5 § 3 and other Convention rights found; monetary awards ordered.
Legal Topics
Excessive Length of Pre Trial Detention, Right to Liberty and Security, Judicial Review of Detention, Conditions of Detention, Freedom of Expression, Unlawful Search, Compensation for Unlawful Detention, Use of Metal Cages in Courtrooms, Video Surveillance of Detainees, Lack of Prosecuting Party in Administrative Proceedings
Human Rights Law Criminal Procedure Excessive Length of Pre Trial Detention Right to Liberty and Security Judicial Review of Detention Conditions of Detention Freedom of Expression Unlawful Search +4 more

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Parties

Ruslan Vasilyevich Suleymanov

Applicant

Magomed Khamzatovich Khazbiyev

Applicant

Dmitriy Yuryevich Gorev

Applicant

Artem Vyacheslavovich Lyubimov

Applicant

Konstantin Pavlovich Taran

Applicant

Maksim Aleksandrovich Kosarev

Applicant

Vladislav Yevgenyevich Babiychuk

Applicant

Yuriy Lvovich Oreshkin

Applicant

Kirill Gennadyevich Laskin

Applicant

Sergey Vladimirovich Gerasimov

Applicant

Vagan Leonovich Abgaryan

Applicant

Michael John Calvey

Applicant

Maksim Nikolayevich Miroshnik

Applicant

Mikhail Alekseyevich Smykov

Applicant

Andrey Vitalyevich Galochka

Applicant

Lyubov Aleksandrovna Kapravaya

Applicant

Igor Nikolayevich Pyatigorets

Applicant

Ayrat Aydarovich Kamalov

Applicant

Yevgeniy Yuryevich Maksimov

Applicant

Pavel Alekseyevich Maslovskiy

Applicant

Viktor Mikhaylovich Kanevskiy

Applicant

Aleksey Leonidovich Krishtopa

Applicant

Igor Yakovlevich Shapiro

Applicant

Vitaliy Vyacheslavovich Kolesnikov

Applicant

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the applicants' pre-trial detention was excessively long in violation of Article 5 § 3 of the Convention
  2. 2 Whether other violations occurred under well-established case-law of the Court, including conditions of detention, use of metal cages, lack of compensation, unlawful search, and freedom of expression

Ratio Decidendi

The Court found that the applicants' pre-trial detention was excessively long in violation of Article 5 § 3 of the Convention, and that other violations occurred under well-established case-law, including inadequate judicial review, poor conditions of detention, use of metal cages, lack of compensation, unlawful search, and violations of freedom of expression. The Court relied on its established jurisprudence and found no new arguments from the respondent State to justify a different outcome.

Court Disposition

Applications joined; violations of Article 5 § 3 and other Convention rights found; monetary awards ordered.

Orders

  • Respondent State 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.
  • From expiry of three months until settlement, simple interest payable at the marginal lending rate of the European Central Bank plus three percentage points.