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Right to have criminal proceedings tried in reasonable period of time restored

27 January 2016

With assistance of the High Commissioner for Human Rights in the Russian Federation the right of Ms P. to have her criminal proceeding tried in a reasonable period of time has been restored. The above was reported by the Moscow Region Prosecutor’s Office in its official reply received by the High Commissioner’s Office.

On 13 November 2015, the High Commissioner for Human Rights in the Russian Federation sent a petition to the Moscow Region Prosecutor’s Office with a request to check an appeal of Ms P. against a violation of the law on criminal procedure.

In March 2011, unknown persons took possession of Ms P.’s money by fraud. Following the results of the examination of her report of offence, the investigator issued a resolution to refuse to open a criminal case. However, later the resolution was canceled by the supervising prosecutor and the materials were returned for an additional investigation. Ms P. was not informed about the results thereof and therefore due to the failure of the officials of the Balashikha City Department of the Ministry of Internal Affairs of Russia (the MIA of Russia) to act her rights had been violated.

Following the consideration of the High Commissioner’s request to examine the alleged unlawful actions related to Ms P.’s case, the Balashikha City Prosecutor’s Office issued a remedial action order to the Chief of the Balashikhinskoye Intermunicipal Department of the MIA of Russia.

On 23 December 2015, as a result of the pre-investigation check the investigators opened a criminal case for an offence under Part 3 of Article 159 of the Criminal Code of Russia, i.e. on the grounds of an embezzlement of Ms P.’s money.

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