Article 5 - All Updates - ECHR-KS
Article 5 - Right to liberty and security
All Updates
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Delay in transmitting withdrawn arrest warrant resulting in brief unlawful detention in police custody.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. 21424/14 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
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
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