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, 13 Feb 2015
STATE:
Romania
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention, Article 5-1-b - Lawful order of a court) Violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty, Article 5-1-e - Persons of unsound mind) Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review) No violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Reasonable time) No violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Civil proceedings, Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial, Article 6-3-c - Defence in person) No violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Fair hearing) No violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life)
  • SUBJECT MATTER:

    (Art. 5) Right to liberty and security (Art. 5-1) Deprivation of liberty (Art. 5-1) Lawful arrest or detention (Art. 5-1-b) Lawful order of a court (Art. 5-1-e) Persons of unsound mind (Art. 5-4) Speediness of review (Art. 6) Right to a fair trial (Art. 6) Civil proceedings (Art. 6) Criminal proceedings (Art. 6-1) Fair hearing (Art. 6-1) Reasonable time (Art. 6-3-C) Defence in person (Art. 8) Right to respect for private and family life (Art. 8-1) Respect for private life


    DETAIL:

    II. ALLEGED VIOLATION OF ARTICLE 5 § 1 OF THE CONVENTION 73. The applicant complained of the unlawfulness of her deprivation of liberty on 28 May 2003 when she was held at the prosecutor’s office from 9.30 a.m. until sometime in the afternoon and later confined to a psychiatric hospital, where she was held until 5 June 2003. She relied on Article 5 § 1 of the Convention, the relevant parts of which provide: “1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: ... (b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law; ... (e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants.” III. ALLEGED VIOLATION OF ARTICLE 5 § 4 OF THE CONVENTION 134. The applicant argued that her complaint against the prosecutor’s decision to order her confinement had not been reviewed by the courts. She relied on Article 5 § 4 of the Convention, which reads as follows: “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.” IV. ALLEGED VIOLATION OF ARTICLE 6 §§ 1 AND 3 (c) OF THE CONVENTION 141. The applicant complained that the length of the criminal proceedings against her had been excessive, that the courts that had examined her case had failed to take her testimony, and that the decisions of the appellate courts had failed to address all the arguments that she had raised before them. She relied on Article 6 §§ 1 and 3 (c) of the Convention, which, in so far as relevant, provides: “1. In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by [a] ... tribunal ... 3. Everyone charged with a criminal offence has the following minimum rights: ... (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require”.


    COURT:
    ECHR
    ARTICLE:
    5, 5-1, 5-1-b, 5-1-e, 5-4, 6, 6+6-3-c, 6-1, 6-3-c, 8, 8-1

JUSTICIA European Rights Network