Article 5 - Right to liberty and security
All Updates
Cases selected for updating the Case-Law Guide.
Ishkhanyan v. Armenia, no. 5297/16
Mass arrests without individualised assessment after the dispersal of a sit-in demonstration blocking a main public road.
Judgment
J.B. and Others v. Malta, no. 1766/23
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
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
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
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
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
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
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
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
Applicability: control and surveillance measures by border guards at airport for about eleven hours.
Judgment
Gilanov v. the Republic of Moldova, no. 44719/10
Detention in the context of extradition proceedings.
Judgment | Legal Summary
Komissarov v. the Czech Republic, no. 20611/17
Excessive length of detention pending extradition due to serious delays in asylum proceedings despite domestic time-limits.
Judgment
Sy v. Italy, no. 11791/20
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
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
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
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
Delay in transmitting withdrawn arrest warrant resulting in brief unlawful detention in police custody.
Judgment
Moldoveanu v. the Republic of Moldova, no. 53660/15
No “reasonable suspicion” justifying an order for an arrest and detention.
Judgment
Akgün v. Turkey, no. 19699/18
Suspicion of terrorism based on use of encrypted messaging service.
Judgment | Legal Summary
Bah v. the Netherlands (dec.), no. 35751/20
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
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
Reasons for pre-trial detention under Article 5 § 3.
Judgment
Denis and Irvine v. Belgium [GC], nos. 62819/17 and 63921/17
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
Applicability: national lockdown in the COVID-19 pandemic context.
Decision | Legal Summary
D.C. v. Belgium, no. 82087/17
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
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
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
Vorontsov and Others v. Ukraine, nos. 58925/14 and 4 others
Unjustified detention in connection with actual or suspected participation in protests.
Judgment
Shmorgunov and Others v. Ukraine, nos. 15367/14 and 13 others
Minimum standard set by Article 5 § 1 (c) for the reasonableness of a suspicion not met.
Judgment | Legal Summary
Georgia v. Russia (II) [GC], no. 38263/08
Administrative practice as regards the conditions of detention of civilians.
Judgment | Legal Summary
Dubovtsev and Others v. Ukraine, nos. 21429/14 and 9 others
Unjustified detention in connection with actual or suspected participation in protests.
Judgment
Atilla Taş v. Turkey, no. 72/17
Inability to consult the investigation file (Article 5 § 4).
Judgment
Selahattin Demirtaş v. Turkey (No. 2) [GC], no. 14305/17
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
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
Minor's placement under Article 5 § 1 (d). Applicability and merits.
Judgment
Norik Poghosyan v. Armenia, no. 63106/12
No compensation for non-pecuniary damage for a detention followed by acquittal.
Judgment
Stoyan Krastev v. Bulgaria, no. 1009/12
Applicability: placement of a detainee in punishment cell/solitary confinement within the prison.
Judgment
I.S. v. Switzerland, no. 60202/15
İstinafta beraat kararının bozulması olasılığında, beraat kararı sonrası güvenlik gerekçesiyle tutukluluk.
Judgment | Legal Summary
Grubnyk v. Ukraine, no. 58444/15
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
Detainees not allowed to submit further requests for release for a period of two months.
Judgment | Legal Summary
Muhammad Saqawat v. Belgium, no. 54962/18
Lawfulness of the detention for several months of an asylum-seeker pending removal.
Judgment
Moustahi v. France, no. 9347/14
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.
Judgment | Legal Summary
Aftanache v. Romania, no. 999/19
Arbitrary and unlawful six-hour involuntary confinement in hospital. Applicability and merits.
Judgment | Legal Summary
Danija v. Switzerland (dec.), no. 1654/15
Refusal of compensation for allegedly unlawful pre-trial detention. Case examined exclusively under Article 5 § 5.
Decision
Baş v. Turkey, no. 66448/17
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
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
Minimum standard of “reasonableness” of suspicion under Article 5 § 1 (c).
Judgment | Legal Summary
Strazimiri v. Albania, no. 34602/16
Lack of medical institutions for the mentally ill who were confined in prison.
Judgment