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, 1 Jun 2015
STATE:
Russia
OUTCOME:
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (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 5-3 - Length of pre-trial detention)
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. 13) Right to an effective remedy (Art. 13) Effective remedy


  • DETAIL:

    The applicant complained under Article 5 of the Convention that after the quashing of his conviction his detention had been unlawful and unfounded. He argued, in particular, that the Novosibirsk Regional Court’s decision of 15 December 2004 could not serve as a sufficient legal basis for his continued detention.


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

CASE DATE:
Tuesday, 26 May 2015
STATE:
Russia
OUTCOME:
Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy) Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (Substantive aspect) Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (Substantive aspect) Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention, Article 5-1-c - Bringing before competent legal authority) 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. 3) Prohibition of torture (Art. 3) Degrading treatment (Art. 3) Inhuman treatment (Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-1-C) Bringing before competent legal authority (Art. 5-3) Length of pre-trial detention (Art. 5-4) Speediness of review (Art. 13) Right to an effective remedy (Art. 13) Effective remedy


  • DETAIL:

    The applicant complained under Article 5 §§ 1 (c) and 3 of the Convention that the length of his detention pending trial had been excessive and that the reasons to justify it were not relevant and sufficient.


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

CASE DATE:
Sunday, 24 May 2015
STATE:
Poland
OUTCOME:
No 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. 5-3) Length of pre-trial detention


  • DETAIL:

    ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION 28. The applicant complained that the length of his detention had been excessive. 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.” 29. The Government contested that argument.


    COURT:
    ECHR
    ARTICLE:
    5, 5-3

CASE DATE:
Tuesday, 5 May 2015
STATE:
Russia
OUTCOME:
Violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of petition) 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 - Reasonableness of pre-trial detention)
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) Reasonableness of pre-trial detention (Art. 34) Individual applications (Art. 34) Hinder the exercise of the right of petition


  • 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.


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

CASE DATE:
Monday, 20 Apr 2015
STATE:
Russia
OUTCOME:
(Art. 3) Prohibition of torture (Art. 3) Degrading treatment (Art. 3) Inhuman treatment (Art. 5) Right to liberty and security (Art. 5-3) Reasonableness of pre-trial detention (Art. 5-3) Trial within a reasonable time (Art. 34) Individual applications (Art. 34) Hinder the exercise of the right of petition (Art. 35) Admissibility criteria (Art. 41) Just satisfaction-{general} (Art. 46) Binding force and execution of judgments (Art. 46-2) Execution of judgment (Art. 46-2) Individual measures Positive obligations
SUBJECT MATTER:

Violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of petition) 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 - Reasonableness of pre-trial detention Trial within a reasonable time) Respondent State to take individual measures (Article 46-2 - Individual measures) Non-pecuniary damage - award


  • DETAIL:

    III. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION 95. 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, 34, 35, 41, 46, 46-2

CASE DATE:
Monday, 20 Apr 2015
STATE:
Russia
OUTCOME:
(Art. 5) Right to liberty and security (Art. 5-3) Length of pre-trial detention
SUBJECT MATTER:

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


  • DETAIL:

    I. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION 30. The applicant complained that his detention on remand in the second set of the criminal proceedings against him had not been based on relevant and sufficient grounds. He relied on Article 5 § 3 of the Convention, which provides 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 ...”


    COURT:
    ECHR
    ARTICLE:
    5, 5-3

CASE DATE:
Monday, 20 Apr 2015
STATE:
Moldova
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-3 - Reasonableness of pre-trial detention)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-3) Reasonableness of pre-trial detention


  • DETAIL:

    The Court notes that, while not formally relying on Article 5 § 3 of the Convention, in his application the applicant complained about the insufficient reasons given by the domestic courts for their decisions to remand him. The Court will therefore examine this complaint under Article 5 § 3 of the Convention, the relevant part of which reads: “3. 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

CASE DATE:
Wednesday, 15 Apr 2015
STATE:
Russia
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:

    I. ALLEGED VIOLATION OF ARTICLE 5 § 1 OF THE CONVENTION 55. The applicant complained under Article 5 § 1 (c) that his detention pending the study of the case file had been unlawful in so far as it exceeded the maximum detention period provided for by the domestic law. II. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION 66. The applicant complained that his detention had not been based on relevant and sufficient grounds and that the domestic court had failed to consider a more lenient preventive measure notwithstanding the non-violent nature of the criminal offences with which he had been charged and other pertinent factors. He relied on Article 5 § 3 of the Convention...


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

CASE DATE:
Monday, 13 Apr 2015
STATE:
Moldova
OUTCOME:
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. 5-3) Length of pre-trial detention


  • DETAIL:

    11. The applicant complained under Article 5 § 3 of the Convention about the length of his detention and the lack of relevant and sufficient reasons for it. Article 5 § 3 of the Convention, reads: “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.” 12. The applicant also complained under Article 5 § 4 of the Convention that the proceedings concerning his detention on remand had not been fair because the courts had failed to examine the arguments adduced by him in favour of his release. Article 5 § 4 of the Convention, reads: “4. 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:
    5, 5-3

CASE DATE:
Monday, 9 Mar 2015
STATE:
Netherlands
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-1-c - Bringing before competent legal authority) Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention, Reasonableness of pre-trial detention)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-1-C) Bringing before competent legal authority (Art. 5-3) Length of pre-trial detention (Art. 5-3) Reasonableness of pre-trial detention


  • DETAIL:

    The applicant complained under Article 5 § 3 of the Convention that from 27 September 2007 until 4 December 2007 he was kept in detention on remand without adequate justification, or in the alternative, that the pertinent decision of the Regional Court gave insufficient reasons.


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

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