Case of European Court of Human Rights, January 21, 2021 (case SOROKIN AND OTHERS v. RUSSIA)

Defense:RUSSIA
Resolution Date:January 21, 2021

THIRD SECTION

CASE OF SOROKIN AND OTHERS v. RUSSIA

(Applications nos. 18764/18 and 4 others –

see appended list)

JUDGMENT

STRASBOURG

21 January 2021

This judgment is final but it may be subject to editorial revision.

In the case of Sorokin and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

Darian Pavli, President,Dmitry Dedov,Peeter Roosma, judges,and Liv Tigerstedt, Acting Deputy Section Registrar,

Having deliberated in private on 17 December 2020,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

  1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

  2. The Russian Government (“the Government”) were given notice of the applications.

    THE FACTS

  3. The list of applicants and the relevant details of the applications are set out in the appended table.

  4. The applicants complained under Article 5 § 3 of the Convention of the excessive length of their pre-trial detention. In some applications, the applicants also raised other complaints under the provisions of the Convention.

    THE LAW

  5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

  6. The applicants complained principally that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention, which reads as follows:

    Article 5 § 3

    “3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”

  7. The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kudła v. Poland [GC], no. 30210/96, § 110, ECHR 2000‑XI, and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006‑X, with further references).

  8. In the leading case of Dirdizov v. Russia, no. 41461/10, 27 November 2012, the Court already found a violation in respect of issues similar to those in the present case.

  9. Having examined all the material...

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