Article 5

Administrative detention of a member of a terrorist organization, for reasons of public order and security. Non-violation of the ECHR

JUDGMENT N.M. v. Belgium,  18.04.2023 (app. no. 43966/19). see here SUMMARY The case concerned the detention of an Algerian national for 31 months in a closed centre for aliens pending his removal from Belgium on grounds of a risk to public order and national security, the review of the lawfulness of that measure, and the […]

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Provisional detention for 3.5 years and a non-expedited trial before a court in order to determine its legality. Violation of the ECHR

JUDGMENT  Radonjić and Romić v. Serbia 04.04.2023 (app. no. 43674/16)  see here SUMMARY The case concerned three applicants, the first of whom is a transgender parent (A.H.), who complained that the civil registration authorities had refused to record the first applicant in the register of births as mother of the third applicant (L.D.H.) on the […]

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Activist mistreated in detention center. Arbitrary extension of the applicant’s detention. Violation of right to personal freedom

JUDGEMENT AYYUBZADE v. AZERBAIJAN 02.03.2023 (app. no. 6180/15) see here SUMMARY Arrest and pre-trial detention of an opposition activist. On several occasions during his detention, the applicant was handcuffed for allegedly breaching the disciplinary rules. He also participated in an unauthorised demonstration against bureaucratic injustices. Shortly after it had started, the demonstration was dispersed by […]

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Excessive length of his pre-trial detention, which lasted approximately four and half years, because of the frequent interruptions of court sessions due to obstructions by advocates and prosecutors. Violation of the Convention

JUDGMENT ABULADZE v. ESTONIA 24.01.2023 (app. no. 12928/20) see here SUMMARY The case concerns the applicant’s allegations of excessive length of his pre-trial detention, which lasted approximately four and half years, in breach of Article 5 § 3. The applicant was accused of being a member of a criminal organization. His pre-trial detention was ordered. […]

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The continuous extension of the applicant’s detention pending asylum violated his right to personal freedom

JUDGEMENT DSHIJRI v. HUNGARY 23.02.2023 (app. no. 21325/16) see here SUMMARY Detention of the applicant pending his asylum proceedings. The applicant, an Iraqi national, crossed the Hungarian border from Ukraine clandestinely on 25 September 2015. He was granted a residence permit on humanitarian grounds. The asylum authority ordered that the applicant be detained, with effect […]

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Excessive length of pre-trial detention without a reasonable cause and lack of negligence on the part of the judge prolonging the pre-trial detention. Violation of the right to personal liberty

JUDGEMENT KRAYNYAK v. UKRAINE 16.02.2023 (app. no. 68353/17) see here SUMMARY Participation of the applicant in a demonstration against a legislation debated by the Parliament. During this demonstration a live hand grenade was thrown, killing four servicemen and injuring more than a hundred people. The applicant was arrested on suspicion of involvement in the attack. […]

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A transexual prostitute was arrested for disrupting traffic in order to find a client! Violation of the right to liberty

JUDGMENT DUĞAN v. TÜRKİYE 07.02.2023 (app. no. 84543/17) see here SUMMARY The application concerns the applicant’s being taken to a police station for disrupting traffic. The applicant alleged that this infringed her right to liberty and her right not to be discriminated against, respectively under Articles 5 and 14 of the Convention. She maintained that there was […]

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Examination of an appeal against the extension of temporary detention one month later. Obligation to immediate examination of the request. Violation of Article 5 § 4 of the Convention

JUDGMENT MARCINIAK v. POLAND 02.02.2023 (app. no. 52089/18) see here SUMMARY The applicant complained about the excessive length of the applicant’s detention on remand and the alleged failure of the domestic authorities to examine speedily appeals lodged by the applicant against decisions to extend her pre-trial detention. The applicant was detained in the course of […]

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Arbitrary abduction and deportation of those accused of political extremism. Violation of personal freedom

JUDGMENT A.Y. AND OTHERS v. RUSSIA 17.01.2023 (app. nos. 29958/20 and 2 others) see here  SUMMARY The applicants, A.Y. and F.K. were expelled, while F.K. was abducted and force-transferred to Tajikistan, without any formal investigation. The pre-trial detention of the applicants was ordered in absentia, and international search warrants were issued by the national authorities of […]

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Excessive formality on behalf of the Greek courts in the procedures for compensation of a convicted person who was imprisoned and then acquitted. Condemnation of Greece

JUDGMENT Makrylakis v. Greece  17.11.2022 (no. 34812/15) see here SUMMARY Claims for compensation for two years imprisonment following an acquittal issued by the Court of Appeal. Application process not governed by national law in a consistent and predictable manner. Excessively formal application of procedural requirements by national courts. Disproportionate burden on the applicant which affects […]

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