Article 5 - Right to liberty and security

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All Updates


Cases selected for updating the Case-Law Guide.

J.B. and Others v. Malta, no. 1766/23

22.10.2024

Immigration Appeals Board not an effective remedy for the review of the lawfulness of detention of presumed minors (Bangladeshi nationals rescued at sea).
Judgment | Legal Summary


Nsingi v. Greece, no. 27985/19

15.10.2024

Applicant’s detention in execution of a sentence imposed on another person with whom he had been confused, and rejection of his request for compensation.
Judgment


Cviková v. Slovakia, nos. 615/21 and 2 others

13.06.2024

Detention of judge pending trial on charges of offences linked to suspicions of corruption, abuse of official power and interference with the independence of the judiciary.
Judgment


Cramesteter v. Italy, no. 19358/17

06.06.2024

Detention of the applicant in a psychiatric facility beyond the period provided for by a domestic law introduced after the measure was issued.
Judgment


M.B. v. the Netherlands, no. 71008/16

23.04.2024

Arbitrary immigration detention of applicant pending assessment of his asylum application on public order grounds following criminal detention on terrorism related charges.
Judgment


Aydın Sefa Akay v. Türkiye, no. 59/17

23.04.2024

Arrest and pre-trial detention as well as the search of his house and person of a judge of an international court despite the diplomatic immunity conferred on him by that court’s Statute, following the attempted coup of 15 July 2016, when Türkiye declared a state of emergency.
Judgment | Legal Summary


Karaca v. Türkiye, no. 25285/15

20.06.2023

Arrest and pre-trial detention of the applicant for the broadcasting of a television series on a channel belonging to an Islamist group, with the aim of slandering members of another Islamist group.
Judgment


Demirtaş and Yüksekdağ Şenoğlu v. Türkiye, nos. 10207/21 and 10209/21

06.06.2023

Ineffective legal assistance because of prison authorities’ monitoring of the applicants’ meetings with their lawyers.
Judgment


O.M. and D.S. v. Ukraine, no. 18603/12

15.09.2022

Applicability: control and surveillance measures by border guards at airport for about eleven hours.
Judgment


Gilanov v. the Republic of Moldova, no. 44719/10

13.09.2022

Detention in the context of extradition proceedings.
JudgmentLegal Summary


Komissarov v. the Czech Republic, no. 20611/17

03.02.2022

Excessive length of detention pending extradition due to serious delays in asylum proceedings despite domestic time-limits.
Judgment


Sy v. Italy, no. 11791/20

24.01.2022

Detention in an ordinary prison of a person suffering from psychiatric disorders, for lack of available places.
Judgment | Legal Summary


De Sousa v. Portugal (dec.), no. 28/17

07.12.2021

The applicant’s surrender under the European Arrest Warrant (Article 5 § 1 f).
Decision


Turan and Others v. Turkey, nos. 75805/16 and 426 others

23.11.2021

Pre-trial detention of judges suspected of membership of an illegal organisation following a coup attempt.
Judgment | Legal Summary


W.A. v. Switzerland, no. 38958/16

02.11.2021

Additional preventive detention, after having served conviction, in ordinary prison of a mentally ill serious offender.
Judgment | Legal Summary


Kerem Çiftçi v. Turkey, no. 35205/09

21.09.2021

Delay in transmitting withdrawn arrest warrant resulting in brief unlawful detention in police custody.
Judgment


Moldoveanu v. the Republic of Moldova, no. 53660/15

14.09.2021

No “reasonable suspicion” justifying an order for an arrest and detention.
Judgment


Akgün v. Turkey, no. 19699/18

20.07.2021

Suspicion of terrorism based on use of encrypted messaging service.
Judgment | Legal Summary 


Bah v. the Netherlands (dec.), no. 35751/20

22.06.2021

Applicant not heard in detention appeal in person or by videoconference at the beginning of the Covid-19 pandemic lockdown.
Decision | Legal Summary


Kurt v. Austria [GC], no. 62903/15

15.06.2021

Case-law principles under Article 5 §§ 1 b) and c) in the context of preventive measures.
Judgment | Legal Summary


Staykov v. Bulgaria, no. 16282/20

08.06.2021

Reasons for pre-trial detention under Article 5 § 3.
Judgment


Denis and Irvine v. Belgium [GC], nos. 62819/17 and 63921/17

01.06.2021

Compulsory confinement of offenders with mental disorders (Article 5 § 1 (e) and Article 5 § 4) and the adoption of a new law.
Judgment | Legal Summary


Terheş v. Romania (dec.), no. 49933/20

13.04.2021

Applicability: national lockdown in the COVID-19 pandemic context.
Decision | Legal Summary


D.C. v. Belgium, no. 82087/17

30.03.2021

Psychiatric internment on the basis of case file documents, the applicant refusing to undergo an expert evaluation. Hearings in camera.
Judgment


Fenech v. Malta (dec.), no. 19090/20

23.03.2021

Lawful suspension of criminal proceedings for unspecified time during Covid-19 crisis and continued detention lasting three months.
Decision | Legal Summary


R.R. and Others v. Hungary, no. 36037/17

02.03.2021

Stay in a transit zone of an asylum-seeking family’s with pregnant mother and minor children for nearly four months. Applicability and merits.
Judgment | Legal Summary


Yaygin v. Turkey (dec.), no. 12254/20

16.02.2021

Pre-trail detention and anonymous witness.
Decision


Dubovtsev and Others v. Ukraine, nos. 21424/14 and 9 others

21.01.2021

Unjustified detention in connection with actual or suspected participation in protests.
Judgment


Vorontsov and Others v. Ukraine, nos. 58925/14 and 4 others

21.01.2021

Unjustified detention in connection with actual or suspected participation in protests.
Judgment  


Georgia v. Russia (II) [GC], no. 38263/08

21.01.2021

Administrative practice as regards the conditions of detention of civilians.
Judgment  | Legal Summary


Shmorgunov and Others v. Ukraine, nos. 15367/14 and 13 others

21.01.2021

Minimum standard set by Article 5 § 1 (c) for the reasonableness of a suspicion not met.
Judgment | Legal Summary


Atilla Taş v. Turkey, no. 72/17

19.01.2021

Inability to consult the investigation file (Article 5 § 4).
Judgment


Selahattin Demirtaş v. Turkey (No. 2) [GC], no. 14305/17

22.12.2020

Reasonable suspicion, reasonableness of pre-trial detention and speediness of review before a Constitutional Court (Article 5 §§ 1, 3 and 4).
Judgment | Legal Summary


Shiksaitov v. Slovakia, nos. 56751/16 and 33762/17 

10.12.2020

Detention in one EU member State of the applicant, recognised as a refugee in another EU member State, in order to examine the admissibility of his extradition to the country of origin.
Judgment | Legal Summary


D.K. v. Bulgaria, no. 76336/16

08.12.2020

Minor's placement under Article 5 § 1 (d). Applicability and merits.
Judgment


Norik Poghosyan v. Armenia, no. 63106/12

22.10.2020

No compensation for non-pecuniary damage for a detention followed by acquittal.
Judgment


Stoyan Krastev v. Bulgaria, no. 1009/12

06.10.2020

Applicability: placement of a detainee in punishment cell/solitary confinement within the prison.
Judgment


I.S. v. Switzerland, no. 60202/15

06.10.2020

Detention of an acquitted person on public-safety grounds to cover the eventuality of the acquittal being overturned on appeal.
Judgment | Legal Summary


Grubnyk v. Ukraine, no. 58444/15

17.09.2020

Proper justification for applicant’s pre-trial detention, unaffected by law limiting courts’ powers to release terrorism suspects. Delay in the drawing up of the arrest report. Arrest without a prior court decision.
Judgment | Legal Summary


Dimo Dimov and Others v. Bulgaria, no. 30044/10

07.07.2020

Detainees not allowed to submit further requests for release for a period of two months.
JudgmentLegal Summary


Muhammad Saqawat v. Belgium, no. 54962/18

30.06.2020

Lawfulness of the detention for several months of an asylum-seeker pending removal.
Judgment


Moustahi v. France, no. 9347/14

25.06.2020

Unaccompanied minors placed de facto in administrative detention for several hours and arbitrarily associated with an unrelated adult for the purpose of removal measure, without any possibility of review.
JudgmentLegal Summary


Aftanache v. Romania, no. 999/19

26.05.2020

Arbitrary and unlawful six-hour involuntary confinement in hospital. Applicability and merits.
JudgmentLegal Summary


Danija v. Switzerland (dec.), no. 1654/15

28.04.2020

Refusal of compensation for allegedly unlawful pre-trial detention. Case examined exclusively under Article 5 § 5.
Decision


Baş v. Turkey, no. 66448/17

03.03.2020

Detention based on mere suspicion of membership of an illegal organisation without any specific incriminating evidence.
Independence and impartiality requirements under Article 5 § 4.
Judgment | Legal Summary


Zelčs v. Latvia, no. 65367/16

20.02.2020

Administrative detention in police car for less than two hours. Applicability and merits.
Judgment


Ibrahimov and Mammadov v. Azerbaijan, nos. 63571/16 and 5 others

13.02.2020

Minimum standard of “reasonableness” of suspicion under Article 5 § 1 (c).
Judgment | Legal Summary


Strazimiri v. Albania, no. 34602/16

21.01.2020

Lack of medical institutions for the mentally ill who were confined in prison.
Judgment


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