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.


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

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