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.

Right to Information (Measure B) (56 Entries)

Displaying 1-10 of (56)


CASE DATE:
Monday, 17 Nov 2014
STATE:
Bulgaria
OUTCOME:
Violation of Articles 5.1, 5.2, 5.4, 5.5.
SUBJECT MATTER:

Unavailability of basic procedural guarantees inherent in Article 5 against arbitrary detention (e.g. access to a lawyer or to information on the reasons for their detention; undertake proceedings in order to obtain their immediate release; or seek compensation for damages resulting from their arbitrary detention). Establishment of a reasonable suspicion of having committed an offence and that their detention was undertaken with the purpose of “bringing them before the competent legal authority”.


  • DETAIL:

    The applicants alleged that their detention by the police had breached Art. 5.1, .2, .4 and .5 (having been arrested without reasonable suspicion of having committed an offence, not having been informed of the reasons for their detention in the orders issued against them, not having been given access to a lawyer during their detention, having been unable to bring proceedings to obtain their immediate release and, once released, not having been able to obtain compensation for their allegedly arbitrary detention).


    COURT:
    ECHR
    ARTICLE:
    5.1, 5.2, 5.4, 5.5

CASE DATE:
Thursday, 13 Nov 2014
STATE:
Turkey
OUTCOME:
Decision; Inadmissible (six months delay).
SUBJECT MATTER:



CASE DATE:
Tuesday, 21 Oct 2014
STATE:
Turkey
OUTCOME:
Violation of Articles 5.1, 5.2, 5.4 and 5.5, 3 and 13 in conjunction with 3.
SUBJECT MATTER:

Right to liberty and security. Prompt information of the reasons for arrest and detention. Right to judicial supervision of the lawfulness of detention at police station. Conditions of detention. Absence of effective remedies to complain about the conditions of detention.


  • DETAIL:

    The applicant alleged violations of Article 5, challenging the lawfulness of his detention on several occasions, the unavailability of effective domestic remedies to challenge the lawfulness of his detention, and lack of information of the reasons for his detention and for not having been brought before a judge promptly.


    COURT:
    ECHR
    ARTICLE:
    5.1, 5.2, 5.4, 5.5, 3, 13

CASE DATE:
Tuesday, 21 Oct 2014
STATE:
Turkey
OUTCOME:
Violation of Articles 5.1, 5.2, 5.4 and 5.5, 3, 13 in conjunction with 3.
SUBJECT MATTER:

Right to liberty and security. Prompt information of the reasons for arrest and detention. Right to judicial supervision of the lawfulness of detention in removal centre. Conditions of detention. Absence of effective remedies to complain about the conditions of detention.


  • DETAIL:

    The first applicant complained, under Art. 5 §§ 1, 2, 3 and 4 and Art. 13, that she had been unlawfully detained without the opportunity to challenge the lawfulness of her detention and that she had not been duly informed of the reasons for her deprivation of liberty. She further maintained, under Art. 5 § 5 of the Convention, that she had had no right to compensation under domestic law in respect of these complaints.


    COURT:
    ECHR
    ARTICLE:
    5.1, 5.2, 5.4, 5.5, 3, 13

CASE DATE:
Tuesday, 21 Oct 2014
STATE:
Bulgaria
OUTCOME:
Decision; inadmissible (manifestly unfounded).
SUBJECT MATTER:

Lawfulness of detention. Prompt information of the reasons for arrest and detention. Effective remedies. Challenge detention decision.


  • DETAIL:

    The applicant alleged that her husband had been illegally detained and not informed of the reasons of his detention, that he was deprived of his right to challenge the decision for his detention and that he was denied recourse to effective remedies. Judgment in French.


    COURT:
    ECHR
    ARTICLE:
    5.1(c), 5.2, 6, 13

CASE DATE:
Monday, 13 Oct 2014
STATE:
Azerbaijan
OUTCOME:
Communicated case; questions to the parties.
SUBJECT MATTER:

Free legal assistance. Prompt information – in a language he or she understands – of the nature and cause of accusations against him or her. Fair trial.



CASE DATE:
Monday, 13 Oct 2014
STATE:
Azerbaijan
OUTCOME:
Communicated case; questions to the parties.
SUBJECT MATTER:

Free legal assistance. Prompt information – in a language he or she understands – of the nature and cause of accusations against him or her. Fair trial.


  • DETAIL:

    The applicant alleged that he could not defend himself through legal assistance of his own choosing, as required by Article 6 § 3 (c) of the Convention – In particular, was he afforded free legal assistance at the initial stage of the proceedings.


    COURT:
    ECHR
    ARTICLE:
    6.1, 6.3(a) and (c)

CASE DATE:
Monday, 13 Oct 2014
STATE:
Azerbaijan
OUTCOME:
Violations of Articles 5.1 and 5.4, 6.2 and Article 18 in conjunction with Article 5
SUBJECT MATTER:

Right to liberty and security. Lawful arrest or detention. Reasonable suspicion. Review of lawfulness of detention. Bringing before competent legal authority. Presumption of innocence. Limitation on use of restrictions on rights. Right to information.


  • DETAIL:

    The applicant, a politician, alleged that there had not been a “reasonable suspicion” against him, within the meaning of Art. 5 § 1, to justify his arrest and prolonged detention; that the public statement issued by the Prosecutor General and the Ministry of Internal Affairs on the criminal charges against him led the public believe that he was guilty before he had been proven guilty under the law (violation of Art. 6 § 2 – the principle of the presumption of innocence); and that the restriction of his liberty had been applied for purposes other than bringing him before a competent legal authority on reasonable suspicion of having committed an offence (violation of Art. 18 juncto Art. 5).


    COURT:
    ECHR
    ARTICLE:
    5.1, 5.4, 6.2, 18 in conjunction with 5

CASE DATE:
Wednesday, 17 Sep 2014
STATE:
Ukraine
OUTCOME:
Communicated case; questions to the parties.
SUBJECT MATTER:

Right to be promptly informed of the reason for arrest and detention.



CASE DATE:
Monday, 8 Sep 2014
STATE:
Ukraine
OUTCOME:
Communicated case; questions to the parties.
SUBJECT MATTER:

Right to be promptly informed of the reason for arrest and detention. Lawfulness of detention. Effective remedies. Conditions of detention.


  • DETAIL:

    The applicant challenges the lawfulness of his detention by the police, that he was not duly informed of the reasons for his arrest, that his pre-trial detention was unreasonably lengthy, and no proper judicial review of the continued pre-trial detention was available to him.


    COURT:
    ECHR
    ARTICLE:
    5.1, 5.2, 5.3, 5.4, 6.1, 13

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