KIREYEV proti Rusku

THIRD SECTION

DECISION

Application no. 49876/20
Aleksey Yevgenyevich KIREYEV
against Russia

(see appended table)

The European Court of Human Rights (Third Section), sitting on 6 October 2022 as a Committee composed of:

Darian Pavli, President,

Andreas Zünd,

Frédéric Krenc, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 10 November 2020,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Ms M.V. Kolotushkina, a lawyer practising in Moscow.

The applicant’s complaint under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention was communicated to the Russian Government (“the Government”).

THE LAW

The applicant complained that there had been no sufficient reasons for his pre-trial detention. He relied on Article 5 § 3 of the Convention, which read 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.”

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).

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the applicant’s complaint about the unreasonable length of his pre-trial detention is inadmissible.

The Court notes that, when deciding on the applicant’s pre-trial detention, the domestic courts relied on the existence of a reasonable suspicion of his involvement in a large-scale misappropriation committed by an organised criminal group. The domestic courts held that not all members of the criminal group had been identified and numerous witnesses had yet to be interrogated; the courts carefully analysed the applicant’s personal situation and looked at how the investigation progressed. In their detention orders they referred to the risk of the applicant interfering with the justice due to his previous high‑rank position. If at large, he could have put pressure on witnesses; certain witnesses had been the applicant’s subordinates and had testified against him. Moreover, the case was complex, and the money stolen had not been found. The courts had also considered that there was a serious risk of the applicant absconding as he had financial means and relatives abroad. The Court is prepared to accept that the above circumstances could reasonably constitute sufficient factual grounds justifying his pre-trial detention (see Isayev v. Russia, no. 20756/04, §§ 136-157, 22 October 2009).

In view of the above, the Court finds that the applicant’s complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 27 October 2022.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 5 § 3 of the Convention

(excessive length of pre-trial detention)