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.

Friday, 23 Oct 2015
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)

    (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


    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.

    5, 5-3, 5-4

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