T2 v Russia
Facts
The applicant is currently held in detention on remand in Kazan.
The applicant was arrested on 21 September 2001 and refused bail. The applicant appealed against this decision, stating that he had no reason or intention to abscond, but the decision was upheld by the District Court of Kazan and the Supreme Court of Tatarstan.
In September 2001, the applicant was formally charged with murder and membership of a criminal organisation. In April 2002, the charges of organising a criminal group, kidnapping, fraud and extortion were added. The applicant was granted access to his case files, which ran to 72 volumes.
The applicant’s detention appears to have been extended on a number of occasions. On the first occasion, the investigator requested that the applicant’s remand be extended on the basis that he would abscond, influence witnesses and that the applicant would require more time to read the case files. The request was granted and upheld on appeal.
On the second occasion, the investigator requested a further extension because the applicant had only read 10 of the 72 volumes of his case file. The court ruled that detention on remand should be continued due to the risk of the applicant fleeing from justice or obstructing the investigation if released and until such time as he and other co-defendants had read the entire case file. This decision was also upheld on appeal.
An application was lodged with the European Court of Human Rights on 11 April 2003. The applicant alleges violations of Article 5 of the Convention (right to liberty and security), particularly with relation to the fact that the court extended his detention for an indefinite period. He also complains of a violation of Article 6 (right to a fair trial).
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