Article 5 Archives - ECHRCaseLaw

Temporary detention with a standard but insufficient reasoning. Violation of the right to personal liberty

Article 5
December 12, 2020 1:45 pm

JUDGMENT
Ghavalyan v. Armenia 22.10.2020 (app. no. 50423/08)
Temporary detention and reasoning. Adequate reasoning is required and not general and standard. Proportionality of temporary detention. Procedural guarantees for adversarial proceedings.
The applicant was charged with tax evasion and remanded in custody for 8 months. The decisions on pre-trial detention contained general reasons, not specific evidence. The domestic courts did not summon the applicant and her lawyer during the hearing of the appeals against the detention order and the Court of Cassation did not quickly consider the applicant’s appeal.

The arrest of a protester violated her freedom of assembly because she could not participate in the demonstration. Police duty to protect LGBT community protesters from homophobic attacks

Article 11
December 1, 2020 3:55 pm

JUDGMENT
Berkman v. Russia 1.12.2020 (app. no. 46712/15)
The case concerned a public LGBTI (lesbian, gay, bisexual, transgender and intersex) meeting in St Petersburg and the authorities’ failure to protect
participants from aggressive counter-demonstrators.
The Court found in particular that a State did not just have a duty under the Convention not to
interfere with the right to freedom of assembly. For that right to be genuine and effective, the
authorities also had an obligation to facilitate access to meetings and ensure participants’ safety.

Freedom of expression is violated by the unlawful detention of a journalist during the performance of his duties. Detention is not compatible with the ECHR when there is no reasonable suspicion of guilt

Article 10
November 26, 2020 2:57 pm

JUDGMENT
Şık v. Turkey 24.11.2020 (app. no. 36493/17)
The case concerned the initial and continued pre-trial detention of the journalist Ahmet Şık, who
was suspected of disseminating propaganda in favour of organisations considered to be terrorist
organisations or of assisting them through articles and interviews published in the Turkish daily
newspaper Cumhuriyet and social media posts, all of which criticised government policy.
The Court held that Mr Şık could not be reasonably suspected, at the time of his placement in
detention, of having committed the offences of disseminating propaganda in favour of terrorist
organisations or assisting those organisations. In other words, the facts of the case did not support
the conclusion that a reasonable suspicion had existed against him. Accordingly, although imposed
under judicial supervision, the orders for Mr Şık’s initial and continued detention had been based on
mere suspicion.

The violent arrest of a lawyer-protester by police constituted degrading treatment. ECHR violations due to arrests and overnight detention of protesters

Article 11
November 20, 2020 3:43 pm

JUDGMENT
Navalnyy and Gunko v. Russia 10.11.2020 (app. no. 75186/12)
Two protesters were arrested in Bolotnaya Square in Russia in May 2012 during a political demonstration against the government. Their overnight detention in a police station and administrative conviction for violating legal police orders.
One of the protesters, Aleksey Navalnyy, a lawyer and political activist, claimed in his application before the ECtHR that a police officer had used excessive force during his arrest. Both protesters also claimed that their arrest and overnight detention was unjustified and arbitrary, that the administrative proceedings against them were unfair, that the dissolution of the demonstration, their arrest and subsequent conviction were disproportionate and that these violations of their rights were intended to undermine the freedom of assembly.

The non-legislative provision for awarding damages for non-pecuniary damage for illegal detention violated the right of redress under Article 5 par. 5 of the ECHR

Article 5
November 18, 2020 1:34 pm

Lack of legislation for compensation for non-pecuniary damage due to illegal detention. Right of redress.

The applicant was sentenced to 3 years in prison for drug possession, which he served normally. The appellate court overturned the conviction and ruled that his detention was illegal.

The temporary placement of a juvenile convicted of drug offences and theft in an open center to prevent him from committing new crimes did not violate his right to liberty and security

Article 5
November 14, 2020 10:38 am

JUDGMENT
Reist v. Switzerland 27.10.2020 (app. no. 39246/15)
The case concerned a provisional protective measure ordered against the applicant by the
prosecutor for juvenile offenders, pending the delivery of a judgment replacing an initial measure of
personal assistance which had proved unsuccessful.

Impartial court because the father of the investigator who participated in the pre-trial procedure. The conviction of a prosecutor and a politician who participated in a demonstration for electoral fraud violated the right to assemble

Article 11
October 18, 2020 12:09 pm

JUDGMENT Jhangiryan v. Armenia 08.10.2020 (app. no. 44841/08 and 63701/09) & Smbat Ayvazyan v. Armenia 08.10.2020 (app.no. 49021/08) SUMMARY Participation in a demonstration – protest and the right to assemble. The applicants are public figures, prosecutors and former opposition MPs respectively. They took part in demonstrations that broke out in Armenia for election fraud. They […]

Detention of the mayor for 4 days without appearing in court. Search in his office without a warrant. Violation of privacy and the right to liberty and security

Article 5
October 14, 2020 2:42 pm

JUDGMENT Marin Yosifov v. Bulgaria 13.10.2020 (app. no. 5113/11) see here SUMMARY The case concerns criminal proceedings for corruption brought against a mayor. The applicant complained of being detained for four days (for 24 hours on police orders and for a further 72 hours on an order of the public prosecutor) without being brought before […]

Extension of pre-trial detention of an accused despite his release by the first instance court violates the right to personal liberty

Article 5
October 7, 2020 5:23 pm

JUDGMENT I.S. v. Switzerland 6-10-2020 (app. no. 60202/15) see here SUMMARY In this case, I.S. complained about the extension of his preventive detention (between April and December 2015) despite his acquittal at first instance. The Court found in particular that I.S.’s preventive detention following his acquittal at first instance did not fall within the exceptions […]

Arrest and detention of a person accused of sexual assault after being identified by the victims. Subsequent acquittal. Non-violation of ECHR due to reasonable suspicion

1st P - Article 1
September 26, 2020 3:42 pm

JUDGMENT Bilal Akyıldız v. Turkey 15.09.2020 (app. no. 36897/07) see here SUMMARY Arrest and temporary detention of an applicant on suspicion of having committed a series of sexual assaults and attempted abductions of children. The applicant resembled the person depicted in a photograph of the alleged perpetrator, but was acquitted after the victims’ statements made […]

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