Successful practice of applying to the ECHR on prolonged detention and providing inadequate medical services to defendant during the detention in custody

Client's area:
Public Service
Review term:
Over a year
To declare prolonged detention of defendant in custody as well as non-providing of medical attention to him illegal.
The preliminary investigation bodies charged Mr. Ivanov, the Client of MCA "MAGNETAR", with the crimes under Part 4 of Article 159 of the Criminal Code of the Russian Federation (fraud). The application was sent to the European Court of Human Rights (Strasbourg).

During the defense in a criminal case, lawyers repeatedly petitioned to select another measure of restriction, not related to detention, due to defendant suffering a number of chronic disease. Suffering from these diseases enable the accused and suspect persons not to be held in a pre-trial detention center. Also the preliminary investigation bodies and the Federal Service for Execution of Punishment repeatedly ignored the lawyers’ demands for a medical commission and therefore the lawyers appealed to the ECHR.


The European Court considered a compliant and issued a decision to justify the compliant on the violation of the Client's rights. The Client was awarded compensation in the amount of EUR 2,600.

Alexander Sakovich
Chairman of the Board of Moscow Bar Association "MAGNETAR", Lawyer, Senior Partner.