Article 5 Archives - ECHRCaseLaw

The administrative detention of an alien for the purpose of executing an expulsion order is lawful. The right to liberty and security has not been violated.

Article 5
January 11, 2020 6:31 pm

JUDGMENT Jeddi v. Italy 09.01.2010 (no. 42086/14) see here SUMMARY Aliens deportation and legality of temporary administrative detention. The applicant was arrested for illegal entry into Italy. He applied for asylum which was rejected but was granted a residence permit on humanitarian grounds. Despite being granted a residence permit he fled to Switzerland seeking asylum […]

Late notification of hearing date: applicant was unable to reply to opinion of advocate-general at Court of Cassation. Violation of the ECHR

Article 5
January 7, 2020 8:59 am

JUDGMENT Venet v. Belgium 22.10.2019 (no. 27703/16) see here SUMMARY The case concerned proceedings in which Mr Venet unsuccessfully challenged his pre-trial detention. He complained that he had been unable to attend the Court of Cassation’s hearing on his appeal against his pre-trial detention or to respond to the submissions of the advocate-general, as he […]

Ongoing detention of human rights defender violates the ECHR

article 18
December 12, 2019 9:18 pm

JUDGMENT Kavala v. Turkey 10.12.2019 (no. 28749/18) see here SUMMARY In this case, Mr Kavala, a businessman who has been involved in setting up numerous nongovernmental organisations (“NGOs”) and civil-society movements which are active in promoting and protecting human rights, argued that his arrest and placement in pre-trial detention had been unjustified. The Court noted […]

The imposition of temporary detention pending a decision to extend a therapeutic measure despite the absence of a relevant provision violated the right to liberty and security. Proportional provisions are not permitted in respect of temporary detention.

Article 5
December 4, 2019 8:22 pm

JUDGMENT I.L. v. Switzerland 3.12.2019 (no. 72939/16) see here SUMMARY Temporary detention, legal provision and restrictions. The applicant was sentenced to 14 months in prison and to therapeutic treatment. The execution of the prison sentence was suspended due to monitoring of the therapeutic measure. Five years after the implementation of the measure in question, the […]

The arrest of a well-known opposition activist, his detention and his confinement in a metal cage in court have violated the ECHR.

Article 3
December 2, 2019 7:24 pm

JUDGMENT Natig Jafarov v. Azerbaijan 7-11-2019 (no. 64581/16) see here SUMMARY Human rights defenders and the ECHR. Arrest of a prominent activist, his temporary detention and confinement in a metal cage in court. His case is similar to that of other opposition and civil society activists in Azerbaijan, cases that the Court has already dealt […]

The expulsion of asylum seekers to a designated safe third country, without the necessary scrutiny, violated the procedural aspect of Article 3 of the ECHR. Their stay in a border area was not a deprivation of liberty.

Article 3
November 26, 2019 5:11 pm

JUDGMENT (GRAND CHMABER) Ilias and Ahmed v. Hungary 21.11.2019 (no. 47287/15) see here SUMMARY Asylum application, refoulement and safe third country. The applicants applied for asylum in Hungary, remaining in the period of examination of their applications in a transit zone at the Hungarian-Serbian border. The applications were rejected on the ground that the State responsible for examining […]

The restriction of asylum seekers to an airport transit zone for a long time under miserable conditions violated the ECHR.

Article 3
November 25, 2019 6:38 pm

JUDGMENT Z.A. and others v. Russia 21/11/2019 (no. 61411/15) see here SUMMARY Four men were held in the Moscow airport transit zone for a long time while authorities were examining their asylum applications. None of them, in the end, remained in Russia. Unanimous violation of the right to liberty and security and the prohibition of […]

Unjustified continuation and duration of detention (21 months), credibility of witness with motivation for personal gain, conviction of peaceful anti-government protest organizers. The Court finds multiple ECHR violations and condemns!

1st P - Article 1
November 24, 2019 12:27 pm

JUDGMENT Razvozzhayev v. Russia and Ukraine and Udaltsov v. Russia 19.11.2019 (no. 75734/12, 2695/15, 55325/15) see here SUMMARY The case concerned the conviction of two men for organising “mass disorder” for their part in May 2012 opposition protests and resultant disturbances in central Moscow, an incident which has been at the centre of several earlier […]

Reducing the penalty, instead of financial compensation, is an appropriate form of redress for unjustified detention.

Article 5
November 7, 2019 8:57 pm

JUDGMENT Porchet v. Switzerland 7.11.2019 (no. 36391/16) see here SUMMARY The case concerned the applicant’s pre-trial detention in a 48-hour police custody facility and his compensation claim. By way of compensation for having unduly spent 16 days in an unsuitable facility, the applicant was granted a reduction of eight days in his prison sentence on […]

Detention conditions in a migrant center in Turkey for a mother and her three young children. Conviction by the Court.

Article 13
October 23, 2019 9:24 am

JUDGMENT G.B. and others v. Turkey 17.10.2019 (no. 4633/15) see here SUMMARY The case concerned the immigration detention of a mother and her three young children pending their deportation from Turkey. They had been released after nearly four months following a series of challenges about the lawfulness of their detention before the domestic courts. The […]

Article 5