Russia

The interest in obtaining a ruling on appeal against a pre-trial detention order persists even where such order has been revoked during the course of the de libertate proceedings, provided that a decision annulling the measure may constitute, pursuant to Article 314(2) of the Italian Code of Criminal Procedure, a prerequisite for claiming compensation for wrongful detention, where the coercive measure was issued or maintained in the absence of the legal conditions for its application. On the one hand, where personal liberty has been restricted in the context of a passive extradition procedure that has concluded without a final decision granting extradition, the right to compensation may arise. On the other hand, for the applicant’s interest in pursuing the appeal to be recognised—specifically in view of relying on a favourable decision for the purposes of a future compensation claim—it is necessary that such interest be expressly and duly substantiated by the person concerned. This requires a specific and reasoned submission demonstrating, in concrete terms, the prejudice that would result from the failure to obtain such a ruling, and must be made personally by the applicant.