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:
Thursday, 8 Oct 2015
STATE:
Russia
OUTCOME:
No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (Substantive aspect) No violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention, Reasonableness of pre-trial detention) Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy)
  • SUBJECT MATTER:

    (Art. 3) Prohibition of torture (Art. 3) Degrading treatment (Art. 3) Inhuman treatment (Art. 5) Right to liberty and security (Art. 5-3) Length of pre-trial detention (Art. 5-3) Reasonableness of pre-trial detention (Art. 13) Right to an effective remedy (Art. 13) Effective remedy


    DETAIL:

    The applicant complained of a violation of his right to trial within a reasonable time and alleged that the orders for his detention had not been based on sufficient reasons. He relied on Article 5 § 3 of the Convention, which provides: “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:
    3, 5, 5-3, 13

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