The ECHR has found a violation of the requirements of paragraphs 1, 3 and 4 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms and of paragraph 2 of Article 6 of the Convention.

Заголовок: The ECHR has found a violation of the requirements of paragraphs 1, 3 and 4 of Article 5 of the Convention f Сведения: 2020-04-10 04:19:06

The ECHR judgment of July 9, 2019 in the case of Kalinichenko v. Russia (application No. 40834/11).

The case has successfully examined the application about the illegality of the applicant’s pre-trial detention after extradition to the Russian Federation, the lack of an effective procedure to challenge the lawfulness of the detention, that after the detention the applicant was not immediately brought before a judge and that the period of pre-trial detention was not reasonable . The applicant also appeals against the use of such definitions in statements by officials of internal organs that violate the presumption of innocence against him. The case has violated paragraphs 1, 3 and 4 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms (right to liberty and security of person), paragraph 2 of Article 6 of the Convention (right to a fair trial).

In 2011, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

In his application, the applicant complained about the unlawfulness of his detention pending trial after extradition to the Russian Federation, as well as the lack of an effective procedure to challenge the lawfulness of his detention. The applicant also complained that after his arrest he had not been immediately brought before a judge and that his detention pending trial was not reasonable. The applicant considered that the use of such definitions as “fraudster”, “offender” and “founder of financial pyramids” in statements by officials of internal organs violated the presumption of innocence against him.

On July 9, 2019, in an application lodged by the applicant, the Court unanimously ruled that the Government violated the requirements of Article 5 §§ 1, 3 and 4 of the Convention (right to liberty and security of person), Article 6 § 2 of the Convention (right to a fair trial ), and ordered the respondent Government to pay the applicant EUR 9,750 in respect of non-pecuniary damage and EUR 7,500 in respect of costs and expenses.

 

 

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