Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 17 listopada 2016 r.
39783/10

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2016:1117DEC003978310

THIRD SECTION

DECISION

Application no. 39783/10

Aida Bulatovna AUSHAKIMOVA

against Russia

(see appended table)

The European Court of Human Rights (Third Section), sitting on 17 November 2016 as a Committee composed of:

Helena Jäderblom, President,

Dmitry Dedov,

Branko Lubarda, judges,

and Hasan Bakırcı, Deputy Section Registrar,

Having regard to the above application lodged on 1 November 2010,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The relevant details of the application are set out in the appended table.

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").

Uzasadnienie prawne

THE LAW

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the complaint under Article 5 § 3 of the Convention was submitted belatedly.

In particular, the Court notes the Government's argument, which the applicant did not dispute, that her pre-trial detention ended on 26 March 2010 when she was released. The applicant only lodged her application with the Court on 1 November 2010, that is more than six months after her detention came to an end.

It follows that this complaint is inadmissible for non-compliance with the six-month rule set out in Article 35 § 1 of the Convention, and must be rejected pursuant to Article 35 § 4 of the Convention.

Sentencja

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Declares the application inadmissible.

Done in English and notified in writing on 8 December 2016.

Hasan Bakırcı

Helena Jäderblom

Deputy Registrar

President

APPENDIX

Application no.

Date of introduction

Applicant name

Date of birth

Period of detention

Length of detention

39783/10

01/11/2010

Aida Bulatovna AUSHAKIMOVA

06/04/1967

17/07/2008 to

26/03/2010

1 year(s) and

8 month(s) and 10 day(s)