The European Court of Human Rights in Strasbourg ruled in favour of Dmitry Yelizarov, member of Russia’s banned National Bolshevik Party (NBP). On 13 April 2006, Yelizarov, who was his way to court to attend a hearing about the Russian authorities’ refusal to register the NBP, got involved in a fight outside the court building. He was arrested in April 2007 and charged with participating in mass disorder, assault and battery. In March 2008, he was sentenced to one year and six months’ imprisonment.
Relying on Article 5 § 3 (right to liberty and security), Yelizarov complained about the unlawfulness and excessive length of his detention pending trial. The Court held unanimously that there had been a violation of Article 5 § 3 on account of the excessive length –one year– of Mr Yelizarov’s detention and awarded him EUR 3,000 (RUR 136,000) in respect of non-pecuniary damage. The Court dismissed, however, Yelizarov’s complaint concerning the unlawfulness of his detention.
European Court of Human Rights, 26.03.2009