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:
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

JUSTICIA European Rights Network