5.  A list of the applicants and the relevant details of the applications are set out in the appended table.
6.  The applicants spent a certain number of hours (see the Appendix) in police custody before their arrests were recorded. Their subsequent complaints to the national authorities were dismissed.
7.  At about 10 p.m. on 18 July 2005 the applicant was arrested and taken to a police station, where he was subjected to a body search and questioned.
8.  At 5.10 a.m. on 19 July 2005 a criminal case was opened against the applicant on suspicion of drugs possession. At 7.10 a.m. an arrest record was drawn up, following which the applicant was questioned as a suspect.
9.  On 20 July 2005 the Dzerzhinskiy District Court of St Petersburg (“the District Court”) ordered that the applicant should be remanded in custody.
10.  The applicant challenged the lawfulness of the above-mentioned decision, claiming that in violation of domestic law, the record of his arrest had been drawn up nine hours after he had been brought to the police station instead of three hours. In the applicant’s opinion, this rendered his subsequent remand in custody unlawful.
11.  On 9 August 2005 the St Petersburg City Court (“the City Court”) found the above-mentioned decision lawful. The appellate court held that the custodial measure had been applied in accordance with domestic law and that the belated drawing up of the arrest record as such could not serve as grounds for releasing the applicant from custody.
12.  On 15 September 2005 the District Court extended the applicant’s detention until 31 October 2005.
13.  On 22 November 2005 the City Court upheld that decision on appeal. The court acknowledged the fact that the record of the applicant’s arrest had been drawn up after the expiry of the three hours permitted by domestic law. It held, however, that that violation could not automatically lead to the refusal of the investigator’s requests for the application of a custodial measure and its further extension.
14.  On 28 June 2007 the applicant threatened a taxi driver with a knife. When the car stopped, two acquaintances of the taxi driver seized the applicant and held him until the arrival of the police. Police officers handcuffed the applicant and took him to a police station at about 4 a.m.
15.  At about 7 a.m. an investigator opened a criminal investigation into robberies carried out against taxi drivers. At around 9.30 a.m. a police officer talked to the applicant, who allegedly confessed to having committed those robberies. As the applicant was in a state of alcohol-induced intoxication, it was allegedly suggested to him that he wait for the investigator in the hall of the police station while he sobered up. In the meantime the investigator interviewed the victims. At 6 p.m. the investigator drew up an arrest record and questioned the applicant as a suspect.
16.  On 30 June 2007 the Norilsk District Court of the Krasnoyarsk Region (“the District Court”) ordered the applicant’s detention.
17.  From October 2007 the prosecutor’s office repeatedly terminated the criminal investigation following complaints of unlawful detention lodged by the applicant. The latest relevant decision was taken on 28 April 2008. On 30 June 2008 the District Court examined an appeal lodged by the applicant against the decision of 28 April 2008. The court established that the applicant had been taken to the police station at about 4 a.m. on 28 June 2007 and that the arrest record had been drawn up at 6 p.m. the same day. On the basis of the testimonies given by the applicant and police officers, the court found that the applicant had spent a considerable time in the hallway of the police station without attempting to leave it. The District Court concluded as follows:
“It follows from the [rules of criminal procedure] that detention should be understood as the restriction of movement of a person placed in a special room under the constant control of law-enforcement personnel.
Such restrictions were not applied in respect of [the applicant]. He became a suspect in a criminal investigation only after the investigator Ch. drew up his arrest record at 6 p.m. on 28 June 2007.
Regard being had to the above and on the basis of the inquiry conducted, the investigator K. has rightfully concluded that [the applicant] when present at [the police station] had not been restricted in movement and that he had been able to leave the premises. However, he had not done so, which should be interpreted as his staying at [the police station] of his own free will.”
18.  On 23 September 2004 the applicant was arrested and taken to a police station. On 24 September 2004 he was questioned as a witness in a murder investigation.
19.  It appears that on 24 September 2004 the applicant was charged with the administrative offence of disorderly conduct, but administrative proceedings were not pursued.
20.  At 9.55 p.m. on 27 September 2004 an arrest record was drawn up in which it was noted that the applicant was suspected of a criminal offence. On 28 September 2004 the Tsentralnyy District Court of Omsk (“the District Court”) ordered the applicant’s detention.
21.  On 1 November 2006 the Omsk Regional Court (“the Regional Court”) convicted the applicant of theft, robbery and murder, and sentenced him to twenty years’ imprisonment, running from 23 September 2007, the date of his actual arrest. On 19 December 2007 the Supreme Court of Russia upheld the conviction on appeal.
22.  On 27 June 2005 the applicant had sought the criminal prosecution of the police for unlawful detention, alleging ill-treatment from 23 to 27 September 2004. His request had been refused on 7 July 2005 and the applicant had challenged the refusal before a court. On 28 January and 22 April 2010 the District Court and the Regional Court respectively dismissed his court action. Both courts considered the police officers’ actions as lawful and the allegations of ill-treatment as unsubstantiated.
23.  The applicant sought damages for his unlawful detention. On 24 February and 27 July 2011 the Pervomayskiy District Court of Omsk and the Regional Court acting on appeal respectively dismissed his claims. The courts found no evidence of unlawful actions against the applicant.
24.  On 10 April 2007 an unidentified person broke into the flat of Mr I.K., a police officer, threatened him with a scalpel, took a few valuables and absconded. On the same date a criminal investigation was initiated into the matter.
25.  At about 5.50 a.m. on 11 April 2007 two police officers took the applicant from his flat to a police station. He was questioned about his whereabouts the previous day. At 11.40 a.m. the applicant participated in an identification parade as a result of which he was identified by the victim, Mr I.K.
26.  At 2.05 p.m. the police drew up an arrest record, according to which the applicant had been detained at 2 p.m. on 11 April 2007 on suspicion of armed robbery. According to the applicant, he was only then informed of the reasons for his arrest.
27.  On 12 April 2007 the Avtozavodskiy District Court of Nizhniy Novgorod ordered that the applicant should be remanded in custody.
28.  On 11 October 2007 the applicant was found guilty of armed robbery and sentenced to ten years’ imprisonment. He appealed against his sentence, pointing out, in particular, that he had been unlawfully detained at the police station for eight hours on 11 April 2007 and had not been promptly informed of the charges against him.
29.  On 1 February 2008 the Nizhniy Novgorod Regional Court upheld the sentence on appeal, stating, amongst other things, that “... no violations of criminal procedure took place during the applicant’s arrest”.
30.  At 7.25 p.m. on 16 March 2007 the applicant was arrested during a test purchase of drugs. At 11.30 p.m. on 18 March 2007 an arrest record was drawn up.
31.  On 10 January 2008 the Tsentralnyy District Court of Orenburg convicted the applicant and sentenced him to a term of imprisonment running from 16 March 2007. The applicant appealed against the judgment, complaining of, among other things, his unrecorded detention for two days, ill-treatment by police officers during those two days and the inadmissibility of evidence collected during those days. On 21 February 2008 the Orenburg Regional Court dismissed those complaints as unsubstantiated and upheld the judgment of 10 January 2008.
32.  The police arrested the applicant at about 12 noon on 8 July 2011. His arrest record was drawn up at 9.25 p.m.
33.  On 10 July 2011 the Zasviyazhskiy District Court of the Ulyanovsk Region (“the District Court”) ordered the applicant’s detention. The District Court rejected the argument about the actual time of arrest on the grounds that at 12 noon the applicant had been “conveyed” to a police station rather than arrested. On 14 July 2011 the Ulyanovsk Regional Court upheld the detention order on appeal.
34.  The applicant was arrested at about 5.10 p.m. on 11 October 2010. An arrest record was drawn up at 2.25 a.m. on 12 October 2010. On 13 October 2010 a justice of the peace found the applicant guilty of taking drugs without a medical prescription and sentenced him to one day’s administrative detention, running from 2.40 a.m. on 12 October 2010.
35.  On 13 October 2010 the Volzhskiy District Court of the Volgograd Region (“the District Court”) ordered the applicant’s detention. The District Court relied on the fact that the applicant was suspected of a serious drug-related crime, was a drug addict, and might obstruct the investigation and reoffend. The applicant did not appeal against the detention order.
36.  On 6 December 2010 the District Court extended the applicant’s detention. It reiterated that the applicant had been charged with a particularly serious offence and had no official sources of income. The District Court also rejected the applicant’s request for release on bail using his mother’s flat as a caution because he had not produced documents proving the kinship between the applicant and his mother, nor had he proved that she owned the flat or that she was prepared for it to be used as a guarantee. On 17 December 2010 the Volgograd Regional Court (“the Regional Court”) upheld the court order on appeal. The Regional Court found that the fact that the applicant had no criminal record, had a permanent residence, employment, positive references and an under-age child, had formerly participated in military service and was undergoing hospital treatment were insufficient to warrant his release in view of the severity of the charges against him.
37.  On 1 March 2011 the District Court further extended the applicant’s detention on the grounds that he might reoffend and obstruct the investigation. On 5 March 2011 the Regional Court upheld the court order on appeal.
38.  On 7 April 2011 the District Court ordered a further extension of the applicant’s detention.
39.  On 31 May 2011 the District Court convicted the applicant. The applicant appealed against the judgment, complaining of, among other things, his unrecorded detention. On 26 July 2011 the Regional Court upheld the judgment on appeal.
40.  On 20 May 2015 the Presidium of the Volgograd Regional Court (“the Presidium”) quashed the judgment of 31 May 2011 and the appeal decision of 26 July 2011 on the grounds that the trial judge had earlier adjudicated the case of his co-accused. The Presidium remitted the applicant’s case for re-trial and ordered his detention. On 1 December 2015 the District Court convicted the applicant of drug dealing. On 16 February 2016 the Regional Court upheld that judgment on appeal.
41.  The applicant was arrested by the police at about 6 p.m. on 7 September 2011. An arrest record was drawn up at 5.25 p.m. on 8 September 2011. It indicated the time of the actual arrest as 4.35 p.m. on 8 September 2011.
42.  On 10 September 2011 the Sverdlovskiy District Court of Krasnoyarsk ordered the applicant’s detention. On 27 September 2011 the Krasnoyarsk Regional Court upheld the detention order on appeal. The national courts found that the applicant had been arrested in accordance with the procedure prescribed by law.
43.  On 26 November 2010 police officers took the applicant to a police station. On 28 November 2010 the applicant was questioned as a witness in respect of the murder of three people. On 29 November 2010 the applicant made a “statement of surrender and confession” (явка с повинной) in which he confessed to the three murders. On 30 November 2010 a record of the applicant’s arrest was drawn up.
44.  On 5 May 2011 the prosecuting authorities rejected a request by the applicant to open a criminal case against the police for, inter alia, his unacknowledged detention. On 8 June 2011 the Leninskiy District Court of Chelyabinsk (“the District Court”) dismissed a complaint by the applicant about the refusal of 5 May 2011 to open a case. The District Court found that on 26 November 2010 the applicant had been taken to the police station and questioned, along with many others, as a witness. It further established that at 11 p.m. on 29 November 2010 he had made a statement of surrender and confession, and that only after that had he been arrested and questioned as a suspect in the presence of a lawyer. The District Court therefore held that no criminal procedure rules had been broken. On 4 August 2011 the Chelyabinsk Regional Court (“the Regional Court”) upheld that judgment on appeal, endorsing the reasoning of the District Court.
45.  On 18 October 2011 the Regional Court found the applicant guilty and sentenced him to a term of imprisonment starting from 27 November 2010. The trial court considered that despite the arrest record of 30 November 2010, the applicant had actually been arrested on 27 November 2010. On 27 March 2012 the Supreme Court of Russia upheld the judgment on appeal.
46.  On 15 January 2010 Ms A. lodged a criminal complaint against the applicant. At 4.20 p.m. on the same date the applicant was taken to a police station and questioned. An official arrest record was drawn up on 16 January 2010.
47.  On 30 April 2010 the Usinsk District Court of the Komi Republic (“the District Court”) convicted the applicant as charged. On 13 July 2010 the Supreme Court of the Komi Republic (“the Supreme Court”) upheld the conviction on appeal.
48.  The applicant asked that 15 January 2010 be recognised as the date of his actual arrest and that the prison term start running from that date. On 13 May 2013 the District Court rejected his claims as unfounded. It accepted that the police had indeed taken the applicant to the police station on 15 January 2010, but considered that he had been questioned as a witness on that date and had not been actually detained until his arrest record had been drawn up the following day. On 23 August 2013 the Supreme Court upheld that decision.
49.  At 8.05 p.m. on 28 December 2012 the police arrested the applicant on a train going to Moscow and placed him in custody. An arrest record was drawn up at 11.25 p.m. the same day. On 30 and 31 December 2012 two police officers accompanied the applicant by train to the town of Tyumen. On 1 January 2013 a new arrest record was drawn up, indicating 6.50 a.m. as the time of the applicant’s arrest. According to the applicant, the initial arrest record of 28 December 2012 had disappeared from his case file. On 2 January 2013 the Kalininskiy District Court of Tyumen ordered the applicant’s detention. The court omitted to examine the lawfulness of the applicant’s detention prior to 1 January 2013. On 24 January 2013 the Tyumen Regional Court dismissed an appeal lodged by the applicant against the detention order, having found that his arrest and detention had been lawful.
50.  At about 4 p.m. on 12 November 2013 the applicant was arrested by the Federal Security Service (“the FSB”). It appears that he spent the following thirty-four hours handcuffed, first in the FSB officers’ car and then on police premises. He was allegedly denied access to any means of communication or to legal assistance. At 1 a.m. on 14 November 2013 a criminal case was opened against him on charges of fraud. At 2.30 a.m. on 14 November 2013 an arrest record was drawn up. Later that day, at 5.30 p.m. according to the applicant, the Presnenskiy District Court of Moscow (“the District Court”) ordered his detention. The District Court rejected a complaint lodged by the applicant of unrecorded detention. On 27 November 2013 the Moscow City Court (“the City Court”) upheld the detention order on appeal. The City Court noted that during the thirty-four hours between the applicant’s actual arrest and his formal arrest as a suspect, he had been “conveyed” to the investigator.
51.  At about 11 p.m. on 21 September 2014 the police arrested the applicant and took him to a police station. According to the applicant, the police established his identity and place of residence, questioned him, photographed him and took fingerprints. He had not been informed about his rights or the reasons for his arrest. He was released at 6 a.m. on 22 September 2014.
52.  At 5 a.m. on 23 September 2014 the police took the applicant from his house to a police station for identification by the victim and questioning. The applicant was not provided with legal assistance. At 9 p.m. an investigator drew up a record of the applicant’s arrest for the criminal offence of disorderly conduct. At 9.30 p.m. the applicant was questioned as a suspect without legal assistance. It appears that a lawyer hired by the applicant’s family was not allowed to see his client.
53.  On 25 September 2014 the Troitskiy District Court of Moscow ordered the applicant’s detention in view of the gravity of the charges against him, his permanent residence outside of Moscow, and the fact that he was unemployed and had no dependants. The applicant appealed against the court order, complaining, in particular, that the police had failed to inform him about his rights and to provide him with legal assistance. On 31 October 2014 the Moscow City Court (“the City Court”) upheld the detention order on appeal.
54.  On 1 October 2014 an investigator charged the applicant with murder and questioned him in the absence of the lawyer hired by his family.
55.  On 21 November 2014 the Dorogomilovskiy District Court of Moscow (“the District Court”) extended the detention of the applicant and his co-defendants. The applicant appealed, complaining that the extension order had been based on the same reasons as before and had been issued in respect of all co‑defendants without examining their particular situations. On 16 December 2014 the City Court upheld the extension order, endorsing the District Court’s reasoning. On 20 January 2015 the District Court further extended the applicant’s detention on the same grounds. It appears that an appeal lodged by the applicant against that detention extension order was dismissed.