The case was successfully examined by the applicants' complaints that their unregistered detention due to the difference in time of actual detention and the actual drafting of the records of this was arbitrary and illegal, that they could not get judicial control over the unlawfulness of their unregistered detention and were entitled to compensation in this regard. Two applicants also complained about the excessive length of the pre-trial detention. The case of violation of the requirements of paragraphs 1 and 5 of Article 5 of the Convention (the right to liberty and personal integrity) in respect of all applicants, paragraph 3 of Article 5 of the Convention in respect of two applicants.
In 2006, 2007, 2008, 2011, 2012, 2013, 2014 and 2015, claimants were assisted in the preparation of applications. Subsequently, the applications were merged and communicated to the Russian Federation.
In their complaints, the complainants (13 people) complained that their unregistered detention was arbitrary and illegal due to the difference in the time of actual detention and actual drawing up of protocols, and that they could not obtain judicial control over the unlawfulness of their unregistered detentions and were not entitled to compensation in this regard. Two applicants also complained about the excessive length of the pre-trial detention.
On 26 June 2018, the European Court unanimously ruled that in the present case the authorities violated the requirements of Article 5 § 1 and 5 of the Convention (the right to liberty and security of person) in relation to all applicants, Article 5 § 3 of the Convention two applicants, and ordered the respondent State to pay the applicants EUR 23,300 as fair compensation. Applicants were awarded various amounts from 1,000 to 5,000 euros.
ECHR Ordinance of June 26, 2018 in the case of Fortalnov and Others (Fortalnov and Others) against the Russian Federation (applications N 7077/06, 35973/07, 7814/08, 25724/08, 49087/08, 61400/11, 70401 / 11, 5375/12, 10447/12, 30658/13, 63531/13, 2838/14 and 7442/15).