The case was successfully considered a complaint about the conditions of detention in the detention facility, the excessive length of the procedure for appealing the decision on remand in custody. The case has violated the requirements of paragraph 3 of Article 5, Article 13 in conjunction with Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
In 2007, the complainant was assisted in preparing a аpplication. Subsequently, the аpplication was communicated to the Russian Federation.
In his complaint, the applicant, who lives in Moscow, complained about the conditions of his detention in the remand prison, the excessive length of the procedure for appealing against the decision to remand him in custody, and that his detention was unreasonable. He also claimed that there were no effective legal remedies in relation to his complaint about the conditions of detention.
On December 13, 2016, on the complaint filed by the applicant, the European Court unanimously ruled that in this case the authorities violated the requirements of Article 5 § 3 of the Convention (the right to liberty and security of person) and Article 13 of the Convention (the right to an effective remedy ) in conjunction with Article 3 of the Convention (prohibition of torture), and ordered the respondent State to pay the applicant 1,000 euros in respect of non-pecuniary damage. The European Court, taking into account the unilateral declaration of the authorities of the Russian Federation, excluded complaints of a violation of Article 3 of the Convention and Article 5 § 4 of the Convention from the list of cases under its consideration.
Resolution of the ECHR of December 13, 2016 in the case of Shagabutdinov v. Russia (Shagabutdinov v. Russia) (аpplication N 51389/07).