Article 5 Archives

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
14/10/2020 14:42

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
07/10/2020 17:23

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
26/09/2020 15:42

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 […]

Illegal pre-trial detention when linked to a prisoner’s political ideology violates his/her freedom of expression

Article 10
25/09/2020 17:29

JUDGMENT Ragıp Zarakolu v. Turkey 15.09.2020 (app. no. 15064/12) see here SUMMARY Illegal detention and right to freedom of expression. The ECtHR ruled that when pre-trial detention is not legal, it should not consider whether interfering with freedom of expression has a legitimate purpose and is necessary in a democratic society. Illegal pre-trial detention linked […]

Violent three-day beating of a prisoner by police in order for him to confess! Conviction for torture

Article 3
23/09/2020 17:46

JUDGMENT Χ. and Υ. v. Russia 22.09.2020 (app. no. 43411/06) see here SUMMARY Unjustified violence by police officers. Prohibition of torture and illegal detention. The first applicant was arrested at night while he was sleeping in the house of his mother and the second applicant. He was dragged to a local police station, beaten severely […]

The public prosecutor’s statement of guilt violated the presumption of innocence. Prohibition of communication of a detainee with relatives. Violation of privacy

Article 5
21/09/2020 11:17

JUDGMENT Mirgadirov v. Azerbaijan and Turkey 17.09.2020 (app. no. 62775/14) see here SUMMARY Judicial review of the legality of temporary detention, presumption of innocence and the right to respect for the privacy of a detainee. The applicant, a political journalist and political analyst, was arrested and detained on his way back to his country of […]

Formulation of guilt of the accused in a decision for temporary detention and before trial in substance. Violation of the presumption of innocence

Article 5
20/09/2020 13:42

JUDGMENT Grubnyk v. Ukraine 17.09.2020 (app.no. 58444/15) see here SUMMARY Presumption of innocence. Temporary detention of a suspect, the right to liberty and security of a dangerous criminal as opposed to the public’s right to protection from violent attacks. The applicant was arrested for his involvement in a terrorist attack. The charge was amended to […]

Detention of a foreign asylum seeker based on an annulled court decision. Violation of the right to liberty and security and lack of redress

Article 5
21/08/2020 12:28

JUDGMENT Muhammad Saqawat v. Belgium 30.06.2020 (app. no. 54962/18) see here SUMMARY Asylum applications from a foreigner. Detention for deportation. Right to liberty and security and the possibility of redress. The applicant, a Bangladeshi national, was detained in a Belgian detention center while his repeated applications for asylum were being processed due to his possible […]

Torture by police officers that led to the death of a prisoner and a faulty investigation. Violation of the right to life and the prohibition of torture

Article 13
07/08/2020 07:41

JUDGMENT Satybalova and others v. Russia 30.06.2020 (app. no. 79947/12) see here SUMMARY Torture by police. Involvement of serious bodily injuries and death of a victim. Right to life. Prohibition of torture. Right to freedom and security. The applicant’s relative, for refusing to obey police orders, was forcibly dragged to the police station, illegally […]

Prohibition of request for release from prison for two months violated the right to personal liberty and security

Article 5
27/07/2020 09:32

JUDGMENT Dimo Dimov and others v. Bulgaria 07.07.2020 ( no. 30044/10) see here SUMMARY Legality of pre-trial detention, reason for the decision and right of actual appeal. The applicants were arrested and remanded in custody on charges of extortion. They made many requests for release which were rejected without justification and were released only when […]

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