Published: 15 May 2008
Gusev v Russia
On 2 February 2000, the applicant was convicted of theft committed in 1998 and sentenced to probation of an unspecified duration. The sentence was not executed on the basis of the Amnesty Act 2000. In 1999, he was the subject of further criminal proceedings for the theft of goods worth around eight euros. The indictment was delayed in reaching the applicant and he missed the subsequent hearing. He refused to attend the adjourned hearing unless the summons was received by post.
Consequently, he was remanded in custody on 23 April 2000 and transferred to a pre-trial detention facility until his release on 26 September 2001. On 25 September 2000, the charge was reduced and the punishment relieved although he remained in custody during a third investigation. The Court dismissed his challenges concerning the lawfulness of his detention. He submitted that detention conditions, conduct by officers and cellmates and the unlawfulness and length of detention amounted to violations of Arts. 3 (inhuman and degrading treatment) and 5 (liberty and security) of the ECHR.
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