Article 5 Archives - ECHRCaseLaw

The amendment of a decision with a change in the date of commencement of the merging sentence in absentia of the accused violated the right to a fair trial.

Article 5
May 13, 2019 6:33 pm

JUDGMENT Kereselidze v. Geogia 28.03.2019 (no. 39718/09) see here SUMMARY Amendment of the starting of a period for calculating a prison sentence in absentia of the accused. Extending the applicant’s detention, since, as a result of an amendment, the date of commencement of the sentence was calculated as the date of the imposition of the […]

Temporary detention without a judicial decision violated Article 5 of the ECHR. No State liability for violating the presumption of innocence of an accused coming from a newspaper

Article 5
May 9, 2019 6:00 pm

JUDGMENT Mityanin and Leonov v. Russia 07.05.2019 (no. 11436/06 and 22912/06) see here SUMMARY Arrest of the applicants for armed robbery as members of a criminal organization and temporary detention without a judicial decision. Article in a newspaper with a photograph of the accused in wich he was described as guilty. The European Court of […]

The confinement of a detainee to a security wing for preventive protection of third parties and without legislative provision violates the right to freedom (Article 5 § 1 of the ECHR)

Article 5
May 4, 2019 6:42 pm

JUDGMENT Τ.Β. v. Switzerland 30.04.2019 (no. 1760/15) see here SUMMARY The case concerns the applicant’s “placement for assistance purposes” in the period from April 2014 to April 2015. The Court observed that the applicant had been placed in the security wing of the prison solely on the ground that he represented a danger for others. […]

The unwarranted dissolution of a demonstration without warning for the dissolution and the unjustified use of force violated the right to freedom of assembly

Article 11
April 27, 2019 8:02 pm

JUDGMENT Ter-Petrosyan v. Armenia 25.04.2019 (no. 36469/08) see here SUMMARY Right to assembly. Dissolving the demonstration led by the former Armenian President and opposition leader. The protest was about election fraud. According to the ECtHR, the right to freedom of assembly was violated, since the dissolution was unjustified, there was no warning for its dissolution […]

European arrest warrant and the ECHR.

Article 5
April 19, 2019 6:29 pm

JUDGMENT Β.Α.Α. v. Romania 18-04-2019 (no. 70621/16) see here SUMMARY Complaint of the applicant concerning an arrest warrant issued by the Romanian authorities. The Court considered that the authorities complied with the ECHR criteria when issuing an arrest warrant against the applicant, which eventually took place in the United Kingdom under a European arrest warrant. […]

The detention of a Supreme Judge in Turkey was illegal and violated the right to freedom and security. Important decision .

Article 5
April 17, 2019 7:08 pm

JUDGMENT Alparslan Altan v. Turkey 16-04-2019 (no. 12778/17) see here SUMMARY The case concerned the detention of a Turkish Constitutional Court judge following the attempted coup of 15 July 2016. Mr Altan was deprived of his liberty primarily on suspicion of membership of an armed terrorist organisation, FETÖ/PDY. The Constitutional Court found that this constituted […]

Arbitrary detention of an eight year old child in a police station for a whole day. Violation of the right to freedom and security

Article 5
April 13, 2019 2:39 pm

JUDGMENT Tarak and Depe v. Turkey 09.04.2019 (no. 70472/12) see here SUMMARY The case concerned the detention of an eight-year-old child, Birtan Sinan Depe. He was taken to a police station following a search carried out at the home of neighbour to whom his mother had entrusted him. He was detained alone in the station […]

House arrest of an activist and over-limitations in his communication. Violation of the right to freedom and freedom of expression

Article 10
April 10, 2019 5:16 pm

JUDGMENT Navalnyy v. Russia 09.04.2019 (n. 2) (no. 43734/14) see here SUMMARY The case concerned Mr Navalnyy being held under house arrest during a criminal investigation against him and the restrictive measures imposed on him during that time. The Court found that the house-arrest order had not been justified, particularly in view of the fact […]

Preventive detention for the protection of public order during the royal wedding in the UK was legitimate and did not violate the ECHR!

Article 5
April 1, 2019 7:05 pm

JUDGMENT Eiseman-Renyard v. United Kingdom 28.03.2019 (no. 57884/17, 57918/17, 58019/17, 58326/17, 58333/17, 58343/17, 58377/17 and 58462/17) see here PROVISION Article 5 SUMMARY Preventive detention for the protection of public order at the royal wedding. Complain the applicants about their arrest and detention for several hours on 29 April 2011 in various parts of central London […]

Keeping prisoners in the cells for 23 hours a day is a degrading treatment. Temporary detention legislation must accurately stipulate its duration

Article 13
March 29, 2019 5:16 pm

JUDGMENT Bigović v. Montenegro 19.03.2019 (no. 48343/16) see here SUMMARY Degrading conditions of detention. A prisoner sentenced to 30 years’ imprisonment for murdering an investigator remained for 23 hours a day locked in his cells and the only regular activity outside the cell was exercise for one hour a day. Lack of adequate provision for […]

Article 5