Case Law

The Case Law database provides access to the case-law of the European Court of Human Rights (Grand Chamber, Chamber and Committee judgments, decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports), the Committee of Ministers (resolutions), and the Court of Justice of the European Union.

Pre-Trial Detention (Measure F) (85 Entries)

Displaying 1-10 of (85)


CASE DATE:
Monday, 14 Dec 2015
STATE:
Russia
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention) Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-3) Length of pre-trial detention (Art. 5-4) Speediness of review


  • DETAIL:

    The applicant complained that the length of his pre-trial detention had not been justified and the decisions to that effect not based on relevant and sufficient reasons. He relied on Article 5 § 3 of the Convention, which reads as follows: “Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”


    COURT:
    ECHR
    ARTICLE:
    5, 5-3, 5-4

CASE DATE:
Monday, 14 Dec 2015
STATE:
Russia
OUTCOME:
Remainder inadmissible Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention, Article 5-1-e - Persons of unsound mind) Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention, Take proceedings) Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (Substantive aspect) Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect) Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (Substantive aspect) Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage, Just satisfaction) Non-pecuniary damage - award (Article 41 - Non-pecuniary damage, Just satisfaction)
SUBJECT MATTER:

(Art. 3) Prohibition of torture (Art. 3) Degrading treatment (Art. 3) Effective investigation (Art. 3) Inhuman treatment (Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-1-e) Persons of unsound mind (Art. 5-4) Review of lawfulness of detention (Art. 5-4) Take proceedings (Art. 35) Admissibility criteria (Art. 41) Just satisfaction-{general} (Art. 41) Just satisfaction (Art. 41) Non-pecuniary damage (Art. 41) Pecuniary damage


  • DETAIL:

    The first applicant complained that his involuntary confinement in a psychiatric hospital between 25 May and 9 June 2005 constituted a violation of Article 5 § 1 (e) of the Convention. The first applicant complained that he had not had at his disposal an effective procedure by which he could challenge the lawfulness of his detention in the psychiatric hospital. He relied on Article 5 § 4 of the Convention, which provides: “Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.”


    COURT:
    ECHR
    ARTICLE:
    3, 5, 5-1, 5-1-e, 5-4, 35, 41

CASE DATE:
Friday, 23 Oct 2015
STATE:
Hungary
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention) Violation of Article 5 - Right to liberty and security (Article 5-4 - Procedural guarantees of review, Review of lawfulness of detention)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-3) Length of pre-trial detention (Art. 5-4) Procedural guarantees of review (Art. 5-4) Review of lawfulness of detention


  • DETAIL:

    13. The applicant complained that his prolonged pre-trial detention and house arrest had been unjustified. He relied on Article 5 § 1 of the Convention. The Court considers that this issue falls to be examined under Article 5 § 3 of the Convention, which reads as follows: “Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.” 14. The Government contested that argument.


    COURT:
    ECHR
    ARTICLE:
    5, 5-3, 5-4

CASE DATE:
Wednesday, 21 Oct 2015
STATE:
Serbia
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention) Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings Article 6-1 - Reasonable time) No violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of petition)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-3) Length of pre-trial detention (Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Reasonable time (Art. 34) Individual applications (Art. 34) Hinder the exercise of the right of petition


  • DETAIL:

    The applicant complained about the length of his pre-trial detention. He relied on Article 5 § 3 of the Convention, which, in so far as relevant, reads as follows: “Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”


    COURT:
    ECHR
    ARTICLE:
    5, 5-3, 6, 6-1, 34

CASE DATE:
Thursday, 15 Oct 2015
STATE:
Russia and Ukraine
OUTCOME:
Preliminary objections dismissed (Article 35-1 - Exhaustion of domestic remedies, Six month period) Violation of Article 5 - Right to liberty and security (Article 5-1 - Liberty of person, Security of person, Article 5-1-f - Extradition) (Ukraine) Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for home) Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention, Reasonableness of pre-trial detention) (Russia) Violation of Article 5 - Right to liberty and security (Article 5-4 - Procedural guarantees of review, Review by a court, Speediness of review) Non-pecuniary damage - award (Article 41 - Non-pecuniary damage, Just satisfaction)
SUBJECT MATTER:

(Art. 1) Obligation to respect human rights (Art. 1) Jurisdiction of states (Art. 5) Right to liberty and security (Art. 5-1) Liberty of person (Art. 5-1) Security of person (Art. 5-1-F) Extradition (Art. 5-3) Length of pre-trial detention (Art. 5-3) Reasonableness of pre-trial detention (Art. 5-4) Procedural guarantees of review (Art. 5-4) Review by a court (Art. 5-4) Speediness of review (Art. 8) Right to respect for private and family life (Art. 8-1) Respect for home (Art. 8-2) Prescribed by law (Art. 35) Admissibility criteria (Art. 35-1) Exhaustion of domestic remedies (Art. 35-1) Six month period (Art. 41) Just satisfaction-{general} (Art. 41) Just satisfaction (Art. 41) Non-pecuniary damage


  • DETAIL:

    Relying on Article 5 of the Convention, the applicant complained about the actions of the Ukrainian authorities on 3 and 4 November 2000. He argued that his arrest in Feodosiya, subsequent detention and forced transfer to Moscow had been unlawful and arbitrary.


    COURT:
    ECHR
    ARTICLE:
    1, 5, 5-1, 5-1-f, 5-3, 5-4, 8, 8-1, 8-2, 35, 35-1, 41

CASE DATE:
Saturday, 10 Oct 2015
STATE:
Ukraine
OUTCOME:
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment, Positive obligations) (Substantive aspect) Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy) Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention) Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention) Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review) Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation) No violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of petition)
SUBJECT MATTER:

(Art. 3) Prohibition of torture (Art. 3) Degrading treatment (Art. 3) Inhuman treatment (Art. 3) Positive obligations (Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-3) Length of pre-trial detention (Art. 5-4) Speediness of review (Art. 5-5) Compensation (Art. 13) Right to an effective remedy (Art. 13) Effective remedy (Art. 34) Individual applications (Art. 34) Hinder the exercise of the right of petition


  • DETAIL:

    A. The applicant’s complaints under Article 5 § 1 (c) of the Convention 100. The applicant complained that his detention from 29 January to 9 March 2010 had not been covered by any court decision. 101. He also complained that from 9 March 2010 to 23 May 2011 his detention had been unlawful because the court decision of 9 March 2010 had not contained any reasons for his detention or fixed any time-limit for it. The applicant also complained that the national legislation did not allow the courts ordering or extending his pre-trial detention to examine whether there was a “reasonable” suspicion to keep him in detention. B. The applicant’s complaint under Article 5 § 3 of the Convention 110. The applicant complained that the overall length of his pre-trial detention had not been justified. He referred to Article 5 § 3 of the Convention, which provides, in so far as relevant, as follows: “Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”


    COURT:
    ECHR
    ARTICLE:
    3, 5, 5-1, 5-3, 5-4, 5-5, 13, 34

CASE DATE:
Friday, 9 Oct 2015
STATE:
Germany
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention) No violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Reasonable time) No violation of Article 6+6-3-d - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial Article 6-3-d - Examination of witnesses)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-3) Length of pre-trial detention (Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Fair hearing (Art. 6-1) Reasonable time (Art. 6-3-D) Examination of witnesses



CASE DATE:
Thursday, 8 Oct 2015
STATE:
Russia
OUTCOME:
No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (Substantive aspect) No violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention, Reasonableness of pre-trial detention) Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy)
SUBJECT MATTER:

(Art. 3) Prohibition of torture (Art. 3) Degrading treatment (Art. 3) Inhuman treatment (Art. 5) Right to liberty and security (Art. 5-3) Length of pre-trial detention (Art. 5-3) Reasonableness of pre-trial detention (Art. 13) Right to an effective remedy (Art. 13) Effective remedy


  • DETAIL:

    The applicant complained of a violation of his right to trial within a reasonable time and alleged that the orders for his detention had not been based on sufficient reasons. He relied on Article 5 § 3 of the Convention, which provides: “Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”


    COURT:
    ECHR
    ARTICLE:
    3, 5, 5-3, 13

CASE DATE:
Tuesday, 6 Oct 2015
STATE:
Russia
OUTCOME:
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect) Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)
SUBJECT MATTER:

(Art. 3) Prohibition of torture (Art. 3) Degrading treatment (Art. 5) Right to liberty and security (Art. 5-3) Length of pre-trial detention



CASE DATE:
Friday, 25 Sep 2015
STATE:
Azerbaijan
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention) Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-3) Length of pre-trial detention


  • DETAIL:

    The applicant complained under Article 5 § 3 of the Convention that the domestic courts had failed to justify the need for her detention and had not provided reasons for its continuation.


    COURT:
    ECHR
    ARTICLE:
    5, 5-1, 5-3

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