The case successfully examined the applicants' complaints about the excessive length of pre-trial detention, the lack of effective remedies, the excessive length of the proceedings in their criminal cases, and that the judicial review of the reasonableness of the detention did not meet the urgency criterion. The case has violated the requirements of paragraphs 3 and 4 of Article 5, paragraph 1 of Article 6 and Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
In 2005, 2013, 2015 and 2016, complainants were assisted in preparing аpplications. Subsequently, the аpplications were merged and communicated to the Russian Federation.
In their complaints the applicants (six people) complained about the excessive length of the detention pending trial. Some applicants complained about the impossibility of participating in civil proceedings, the absence of effective remedies, the excessive length of the proceedings in their criminal cases, and that the judicial review of the validity of the detention did not meet the urgency criterion.
On February 16, 2017 on the complaints lodged by the applicants, the European Court unanimously ruled that in the present case the authorities violated the requirements of Article 5 § 3 of the Convention (the right to liberty and security of person) in relation to all applicants and Article 6 § 1 of the Convention (the right to fair trial), article 5, paragraph 4, and article 13 of the Convention (the right to an effective domestic remedy) against some applicants. The European Court ordered the respondent State to pay the applicants a total of € 23,700 in respect of pecuniary damage, non-pecuniary damage and court costs. The applicants were awarded various amounts from 1,300 to 8,500 euros.
Resolution of the ECHR of February 16, 2017 in the case of Vikharev and Others (Vikharev and Others) v. Russia (аpplications No. 32357/05, 49012/13, 42110/15, 1827/16, 8773/16 and 16417/16).