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.

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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:
Romania
OUTCOME:
Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-2 - Presumption of innocence)
SUBJECT MATTER:

(Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-2) Presumption of innocence



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:
Azerbaijan
OUTCOME:
Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly) Violation of Article 6+6-3 - Right to a fair trial (Article 6 - Criminal proceedings Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial Article 6-3 - Rights of defence Article 6-3-b - Adequate facilities Adequate time Preparation of defence Article 6-3-c - Defence through legal assistance) Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Fair hearing (Art. 6-3) Rights of defence (Art. 6-3-B) Adequate facilities (Art. 6-3-B) Adequate time (Art. 6-3-b) Preparation of defence (Art. 6-3-C) Defence through legal assistance


  • DETAIL:

    The applicant alleged, in particular, that the dispersal of the demonstration in which he had participated and his arrest and conviction had violated his right to freedom of peaceful assembly. He further complained that the administrative proceedings against him had fallen short of guarantees of a fair hearing, and that his arrest and conviction had been contrary to guarantees of the right to liberty.


    COURT:
    ECHR
    ARTICLE:
    5.1, 6.1, 6.3, 11.1

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:
Wednesday, 14 Oct 2015
STATE:
Luxembourg
OUTCOME:
Partially inadmissible Violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Criminal procedure, Article 6-1 - Fair trial, Article 6-3-c - Right to defend oneself with a lawyer of one's own chooosing) (Article 6-3-c - Right to defend oneself with a lawyer of one's own choosing, Article 6 - Right to a fair trial) Pecuniary damage - demand rejected
SUBJECT MATTER:

(Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Fair hearing (Art. 6-3-C) Defence through legal assistance (Art. 35) Admissibility criteria (Art. 41) Just satisfaction-{general}


  • DETAIL:

    The applicant complained of a lawyer at his hearing before the police on 17 December 2009, and the absence of effective assistance of counsel before the investigating judge on December 18, 2009. He criticized the judgment of the Court of Appeal endorsed by the Court of Cassation not having remedied the damage caused to his defense rights. Makes explicit reference to the Directive on the right to information.


    COURT:
    ECHR
    ARTICLE:
    6, 6+6-3-c, 6-1, 6-3-c, 35, 41

CASE DATE:
Tuesday, 13 Oct 2015
STATE:
Bulgaria
OUTCOME:
Exception préliminaire jointe au fond et rejetée (Article 34 - Victime) Partiellement irrecevable Violation de l'article 3 du Protocole n° 1 - Droit à des élections libres-{général} (article 3 du Protocole n° 1 - Libre expression de l'Opinion du peuple Vote) Violation de l'article 3 du Protocole n° 1 - Droit à des élections libres-{général} (article 3 du Protocole n° 1 - Libre expression de l'Opinion du peuple Se porter candidat aux élections) Dommage matériel - demande rejetée (Article 41 - Dommage matériel Satisfaction équitable) Préjudice moral - constat de violation suffisant (Article 41 - Préjudice moral Satisfaction équitable)
SUBJECT MATTER:

(Art. 6) Right to a fair trial (Art. 6-1) Civil rights and obligations (Art. 34) Individual applications (Art. 34) Victim (Art. 35) Admissibility criteria (Art. 35-1) Exhaustion of domestic remedies (Art. 41) Just satisfaction-{general} (Art. 41) Just satisfaction (Art. 41) Non-pecuniary damage (Art. 41) Pecuniary damage (P1-3) Right to free elections-{general} (P1-3) Free expression of opinion of people (P1-3) Stand for election (P1-3) Vote


  • DETAIL:

    The applicant argues that changing the election result made ​​his party lose part of the state subsidy to which it was entitled as a party in the national parliament. Since the party could not be a party to the proceedings before the Constitutional Court and that domestic law provided no other legal remedy to challenge the reduction of this funding, the applicant complained of not having had access to a court.


    COURT:
    ECHR
    ARTICLE:
    6, 6.1, 34, 35, 35.1, 41, P1.3

CASE DATE:
Tuesday, 13 Oct 2015
STATE:
Italy
OUTCOME:
Violations of articles 5-1, 5-1-a, 41
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-1-a) After conviction (Art. 6) Right to a fair trial (Art. 6-1) Fair hearing (Art. 13) Right to an effective remedy (Art. 13) Effective remedy (Art. 34) Individual applications (Art. 34) Victim (Art. 35) Admissibility criteria (Art. 35-1) Exhaustion of domestic remedies (Art. 41) Just satisfaction-{general} (Art. 41) Just satisfaction (Art. 41) Non-pecuniary damage


  • DETAIL:

    The applicant alleged a breach of their right to participate in their trial and a double degree of jurisdiction in criminal matters. They also considered that they had no effective remedy in respect of his complaint under Article 6 of the Convention and that his detention in execution of his conviction was arbitrary


    COURT:
    ECHR
    ARTICLE:
    5 5-1 5-1-a 6 6-1 13 34 35 35-1 41

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