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:
Monday, 27 Apr 2015
STATE:
Bulgaria
OUTCOME:
No violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention, Article 5-1-c - Reasonable suspicion) No violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention) No violation of Article 5 - Right to liberty and security (Article 5-4 - Review of the lawfulness of detention) No violation of Article 5 - Right to liberty and security (Article 5-5 - Reparations) Violation of Article 6 - Right to a fair trial (Article 6-2 - Presumption of innocence)
  • SUBJECT MATTER:

    (Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-1-c) Reasonable suspicion (Art. 5-3) Length of pre-trial detention (Art. 5-4) Review of lawfulness of detention (Art. 5-5) Compensation (Art. 6) Right to a fair trial (Art. 6-2) Presumption of innocence


    DETAIL:

    The applicant alleged that he was arrested despite the absence of sufficient data to suspect the commission of a criminal offense, that his detention continued beyond a reasonable period, he has not could effectively challenge the lawfulness and necessity of detention and has not had the possibility of obtaining compensation for damage suffered due to these facts. He further alleges that his presumption of innocence was undermined by the minister of the Interior in office at the time of the facts.


    COURT:
    ECHR
    ARTICLE:
    5, 5-1, 5-1-c, 5-3, 5-4, 5-5, 6, 6-2

JUSTICIA European Rights Network