The court was asked: ‘(1) Do rights under Article 8 of the European Convention on Human Rights and Fundamental Freedoms 1950 (ECHR) survive the making of an adoption order? (2) Did the coming into force in April 2014 of s. 51A Adoption and Children Act 2002 (ACA 2002), which allows the court to make a … Continue reading Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
The applicant alleged that his pre-trial detention had exceeded a ‘reasonable time’ within the meaning of Article 5-3 of the Convention. Judges: Nicolas Bratza, P Citations: 39842/05, [2009] ECHR 1065 Links: Bailii Statutes: European Convention on Human Rights 5-3 Cited by: Judgment – Dyller v Poland ECHR 15-Feb-2011 Request for revision of the judgment of … Continue reading Dyller v Poland: ECHR 7 Jul 2009
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses – claim rejected Citations: 36258/97, [2004] ECHR 134, [2004] ECHR 135 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 5-3 Human Rights Updated: 10 June 2022; Ref: scu.195508
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected Citations: 53129/99, [2003] ECHR 623, [2003] ECHR 627, [2011] ECHR 2163 Links: Worldlii, Bailii, Bailii Statutes: European Convention on Human Rights 5-3 Human Rights … Continue reading Imre v Hungary: ECHR 2 Dec 2003
The applicant said that the fact that she had not been allowed to attend a bail hearing in person had infringed her article 5-3, 5-4, and 6 rights. She had been arrested and held in custody. The magistrates granted her bail, but she was held in custody after the prosecution immediately appealed. She had been … Continue reading Allen v The United Kingdom: ECHR 30 Mar 2010
The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006
ECHR Article 35-3 Ratione materiae Complaint relating to implementation of previous European Court judgment and raising no new facts: inadmissible Facts – In a judgment of 21 December 2000,* the Court found that the applicant in the present case had been ill-treated contrary to Article 3, and that there had been a breach of Article … Continue reading Egmez v Cyprus (Dec): ECHR 18 Sep 2012
Judgment : Violation of Article 5 – Right to liberty and security (Article 5-3 – Length of pre-trial detention) Violation of Article 6 Citations: 41385/06, [2017] ECHR 271 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581385
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015
Statement of facts Citations: 18837/06, [2006] ECHR 1165 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Statement of facts – Allen v The United Kingdom ECHR 30-Mar-2010 The applicant said that the fact that she had not been allowed to attend a bail hearing in person had infringed her article … Continue reading Allen v The United Kingdom: ECHR 2 May 2006
ECHR Judgment – Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Violation of Article 3 Citations: 36533/18, [2022] ECHR 601 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 August 2022; Ref: scu.679712
ECHR Judgment – Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Violation of Article 3 Citations: 31282/18, [2022] ECHR 600 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 August 2022; Ref: scu.679715
ECHR Judgment -Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Violation of Article 3 Citations: 47274/18, [2022] ECHR 603 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 August 2022; Ref: scu.679718
ECHR Article 5-3 Brought promptly before judge or other officer Inability of judge to address issue of conditional release in early stages of detention: inadmissible Facts – The applicants were arrested on suspicion of involvement in the murder of a police officer. They were brought, 48 hours later, before a County Court judge who reviewed … Continue reading Magee And Others v The United Kingdom: ECHR 12 May 2015
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (non-exhaustion); Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses – claim rejected; Violation of Art. 5-3. Citations: 21380/93, [1998] ECHR 88, 21381/93 Links: Woldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 July 2022; … Continue reading Demir and Others v Turkey: ECHR 23 Sep 1998
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1+5-3 ; Violation of Art. 6-1 ; Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award Citations: 46133/99, [2003] ECHR 397, 48183/99 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human … Continue reading Smirnova v Russia: ECHR 24 Jul 2003
ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient. Citations: [1989] ECHR 9, 11234/84, 11209/84, 11266/84 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Brogan and Others v The United Kingdom ECHR 29-Nov-1988 ECHR Judgment (Merits) – Violation of Art. 5-3; Violation of Art. … Continue reading Brogan and Others v United Kingdom (Article 50): ECHR 30 May 1989
ECHR Judgment (Merits) – Violation of Art. 5-3; Violation of Art. 5-5; No violation of Art. 5-1; No violation of Art. 5-4; Not necessary to examine Art. 13; Just satisfaction reserved.The four applicants were arrested and detained under prevention of terrorism legislation on suspicion of being concerned in the commission, preparation or instigation of acts … Continue reading Brogan and Others v The United Kingdom: ECHR 29 Nov 1988
The claimant said that his continued detention after the custody time limits had expired was an infringement of his human rights. He faced continued detention having been refused bail because of his arrest on a grave charge, having a previous conviction for another grave offence. Held: The appeal was dismissed. Insofar as the the word … Continue reading O v Crown Court at Harrow: HL 26 Jul 2006
Hudoc Violation of Art. 5-3; Violation of Art. 6-1; Just satisfaction reserved Citations: 12325/86, [1991] ECHR 51, 14992/89 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.211539
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion of domestic remedies, six month period) ; Violation of Art. 3 ; Violation of Art. 13 ; Violation of Art. 5-3 with regard to the length of the custody ; Violation of Art. 5-3 with regard to the length of pre-trial detention ; Non-pecuniary damage … Continue reading Bati And Others v Turkey: ECHR 3 Jun 2004
ECHR Judgment (Merits and just satisfaction) Preliminary objections dismissed (victim, non-exhaustion of domestic remedies) ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; No separate issue under Art. 13 ; No violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – finding of violation … Continue reading Pavletic v Slovakia: ECHR 22 Jun 2004
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003
(The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights. Held: Once it was accepted that the delay took the prosecution outside the defendant’s right to … Continue reading Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Violation of Art. 5-3; Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial awardThe applicant was ordered to strip naked and was subjected to humiliating abuse by guards when he tried to exercise his right to … Continue reading Iwanczuk v Poland: ECHR 15 Nov 2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-5; No violation of Art. 13The respondent government conceded that the absolute ban on the grant of bail to section 25 defendants provided for by section 25 violated article 5(3), insofar as it prohibited the grant of bail to defendants accused of … Continue reading SBC v The United Kingdom: ECHR 19 Jun 2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 8; Non-pecuniary damage – finding of violation sufficient; Costs and expenses awardA warrant must be validated by an independent judicial authority. Citations: [2000] ECHR 359, 27915/95, [2000] ECHR 360, [2000] 33 EHRR 1137 Links: Worldlii, Bailii Statutes: European … Continue reading Niedbala v Poland: ECHR 4 Jul 2000
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3 with regard to alleged ill-treatment; Violation of Art. 3 with regard to lack of effective investigation; No violation of Art. 3 with regard to conditions of transfer; Violation of Art. 5-3; Violation of Art. 5-1; Violation of Art. 8; Not necessary to examine Art. … Continue reading Labita v Italy: ECHR 6 Apr 2000
Hudoc Violation of Art. 5-3; Just satisfaction reserved Citations: 1936/63, [1968] ECHR 1 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: See Also – Neumeister v Austria ECHR 6-Jul-1964 The applicant complained of his excessive detention on remand pending trial, suspected of fraud. . . Cited by: See Also – Neumeister v Austria … Continue reading Neumeister v Austria: ECHR 27 Jun 1968
The applicant had claimed compensation for unlawful detention and mistreatment during that detention; although the proceedings were civil in nature, they were governed by the code of criminal procedure. The applicant was not given an oral hearing before the first instance court which was responsible for establishing the facts and assessing the compensation; Turkey sought … Continue reading Goc v Turkey: ECHR 9 Nov 2000
The claimant had been arrested on suspicion of terrorism, from his innocent association with people later convicted of terrorism. The defendant discovered evidence which would undermine the case against him, but refuse to disclose it. Eventually, after the prosecutor was refused a PII claim, he was ordered to be released and the case was dropped. … Continue reading Motasim v Crown Prosecution Service and Others: QBD 15 Aug 2017
There was breach of the convention because of length of time the Defendants had been held until their trial. Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (victim, estoppel); Violation of Art. 5-3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses … Continue reading Yagei and Sargin v Turkey: ECHR 26 Jun 1995
ECHR Judgment : Preliminary objection dismissed Article 35-3-b – No significant disadvantage Case duly considered by a domestic tribunal Pr… Citations: 15347/08, [2017] ECHR 840 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608028
ECHR Judgment : Preliminary objection joined to merits and dismissed Article 34 – Victim Preliminary objection dismissed Article 35-3-a – … Citations: 22059/08, [2017] ECHR 831 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607957
ECHR Judgment : Remainder inadmissible Art. 35 Admissibility criteria Art. 35-3-a Manifestly ill-founded No violation of Righ… Citations: 24016/05, [2017] ECHR 941 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607942
ECHR Judgment : Preliminary objections dismissed Article 35-1 – Exhaustion of domestic remedies Article 35-3-a – Ratione materiae Violation… Citations: 16986/12, [2017] ECHR 825 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607897
ECHR Judgment : Remainder inadmissible Article 35-3-a – Ratione personae No violation of Article 2 – Right to life Article 2-1 – Effective… Citations: 49045/13, [2017] ECHR 777 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607881
ECHR Judgment : Inadmissible Article 35-3-a – Ratione materiae Citations: 56665/09, [2017] ECHR 782 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607863
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Citations: 62947/16, [2017] ECHR 803 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607850
ECHR Judgment : Remainder inadmissible Article 35-3-a – Manifestly ill-founded Violation of Article 6 – Right to a fair trial Article 6 – … Citations: 39701/14, [2017] ECHR 653 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607833
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Violation of Article 6 -… Citations: 30532/07, [2017] ECHR 631 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607824
ECHR Judgment : Preliminary objection joined to merits and dismissed Article 35-3-a – Ratione materiae No violation of Article 5 – Right to… Citations: 51249/11, [2017] ECHR 650 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607804
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Violation of Article 5 -… Citations: 9070/14, [2017] ECHR 645 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607791
ECHR Judgment : Preliminary objection dismissed Article 35-3-a – Ratione materiae : Remainder inadmissible Citations: 19867/12, [2017] ECHR 658 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607795
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Reasonableness of pre-trial detention Violation of Art… Citations: 11673/10, [2017] ECHR 696 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607761
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Reasonableness of pre-trial detention Citations: 37498/14, [2017] ECHR 712 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607780
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Reasonableness of pre-tri… Citations: 50520/08, [2017] ECHR 692 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607767
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Violation of Article 5 -… Citations: 24904/07, [2017] ECHR 630 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607742
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Reasonableness of pre-tri… Citations: 44286/12, [2017] ECHR 698 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607743
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Citations: 39655/10, [2017] ECHR 619 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607754
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Citations: 29769/09, [2017] ECHR 510 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607730
ECHR Judgment : Preliminary objection joined to merits and dismissed Article 35-3-a – Ratione materiae Violation of Article 2 – Right to li… Citations: 9441/10, [2017] ECHR 524 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607708
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Citations: 611/15, [2017] ECHR 416 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607585
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Reasonableness of pre-trial detention Citations: 60272/09, [2017] ECHR 390 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607583
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Citations: 24185/08, [2017] ECHR 417 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607537
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Citations: 9668/10, [2017] ECHR 409 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607530
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention Citations: 6116/10, [2017] ECHR 324 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607499
ECHR Judgment : Remainder inadmissible Art. 35 Admissibility criteria Art. 35-1 Exhaustion of domestic remedies Art. 35-3-a Citations: 73590/14, [2018] ECHR 169 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607387
ECHR Judgment : Non-pecuniary damage – award : Fifth Section ECHR Judgment : Remainder inadmissible Article 35-3-a – Manifestly ill-founded Violation of Article 3 – Prohibition of torture Article 3 Citations: 34015/07, [2018] ECHR 87, [2017] ECHR 381 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April … Continue reading Zherdev v Ukraine: ECHR 25 Jan 2018
ECHR ‘Article 7 does not guarantee the right to have a subsequent and favourable change in the law applicable to an earlier offence.’ Citations: 41171/98, [2003] ECHR 730 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Zaprianov v Bulgaria ECHR 30-Sep-2004 ECHR Judgment (Merits and Just Satisfaction) … Continue reading Zaprianov v Bulgaria: ECHR 6 Mar 2003
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
(Judgment : Remainder inadmissible (Article 35-3-b – No significant disadvantage) Violation of Article 6 – Right to a fair trial (Article…) Citations: 33636/09, [2017] ECHR 289 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581289
Provisions were in place which said that a person charged with a very serious crime of violence having once been convicted previously of rape or murder he was to be refused bail automatically. Although the provision had later been altered, the provision did infringe his human rights, and the system also denied to him an … Continue reading Caballero v United Kingdom: ECHR 29 Feb 2000
ECHR Grand Chamber – Article 3 Inhuman treatment Positive obligations Alleged failure adequately to account for fate of Polish prisoners executed by Soviet secret police at Katyn in 1940: no violation Article 35 Article 35-3 Ratione temporis Court’s temporal jurisdiction in respect of deaths that occurred 58 years before the Convention entered into force in … Continue reading Janowiec And Others v Russia: ECHR 21 Oct 2013
ECHR Judgment : Remainder inadmissible Article 35-3-a – Manifestly ill-founded No violation of Article 2 – Right to life Article 2 50364/14, [2017] ECHR 489 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607567
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Reasonableness of pre-trial detention Trial within a reasonable time 36249/14, [2017] ECHR 398 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607556
ECHR Judgment : Remainder inadmissible Article 35-3-a – Manifestly ill-founded Violation of Article 2 – Right to life Article 2 – Expulsion 23378/15, [2017] ECHR 488 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607521
ECHR Judgment : Remainder inadmissible Article 35-3-a – Ratione personae Violation of Article 2 – Right to life Article 2 – Positive obligation 26562/07, [2017] ECHR 354 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607513
ECHR Judgment : Remainder inadmissible Article 35-3-a – Manifestly ill-founded Ratione materiae No violation of Article 9 – Freedom of thought 10138/11, [2017] ECHR 327 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607490
ECHR Judgment : No violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention 73999/14, [2017] ECHR 350 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607482
ECHR Judgment : Remainder inadmissible Article 35-3-a – Ratione materiae Violation of Article 6 – Right to a fair trial Article 6 2229/15, [2017] ECHR 336 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607488
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 with regard to the first applicant ; No violation of Art. 3 with regard to the other applicants ; No violation of Art. 8 ; No violation of Art. 13 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe … Continue reading Lorse and Others v The Netherlands: ECHR 4 Feb 2003
The claimant appealed against a refusal of a declaration that (i) a declaration that the defendant, the Secretary of State for Defence, had acted in breach of article 2 and (ii) an order requiring him to conduct an effective independent investigation into the death of her son, one of six British soldiers of the Royal … Continue reading Long, Regina (on The Application of) v Secretary of State for Defence: CA 17 Jul 2015
ECHR Judgment : No violation of Article 5 – Right to liberty and security Article 5-3 – Reasonableness of pre-trial detention 48974/09, [2017] ECHR 480 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 28 December 2021; Ref: scu.607609
ECHR Article 5-3 Length of pre-trial detention Period of over five years in pre-trial detention owing to difficulties in obtaining evidence from abroad: no violation Facts – The applicant was arrested in Germany in April 2007 in possession of forged identity papers. He remained in custody and, following further inquiries, was detained in connection with … Continue reading Ereren v Germany: ECHR 6 Nov 2014
ECHR The applicant alleged a breach of Article 3 of the Convention on account of the imposition of the so-called ‘dangerous detainee’ regime on him and inadequate conditions of his detention. He further submitted that the length of his pre-trial detention was excessive, in breach of Article 5-3. Invoking Article 6-1 the applicant complained that … Continue reading Slusarczyk v Poland: ECHR 28 Oct 2014
Judgment – Article 5-1(c): alleged unlawfulness of detention – ground declared inadmissible by Commission. Article 3: conditions of detention (solitary confinement in military prisons): although applicant had complained from outset that he had been detained for an unreasonable period (Article 5-3), complaint under Article 3 concerned actual conditions of detention, not its length. Court had … Continue reading Contrada v Italy: ECHR 24 Aug 1998
ECHR Article 35-3-b No significant disadvantage Applicability of no significant disadvantage admissibility criterion in freedom of expression case: inadmissible Facts – The applicant was stopped in his car by police officers for not wearing a seat belt. A dispute ensued in which the applicant allegedly told the officers that he would not ‘descend to their … Continue reading Sylka v Poland (Dec): ECHR 3 Jun 2014
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 5-3; Non-pecuniary damage – financial award 9362/81; 9363/81; 9387/81 9362/81, [1984] ECHR 7, 9363/81, 9387/81 Worldlii, Bailii European Convention on Human Rights Human Rights Human Rights Updated: 11 December 2021; Ref: scu.445381
Article 8-1 Respect for private life Alleged failure to secure the right to reputation of an applicant whose father was allegedly defamed: no violation Facts – The applicant is the son of Mikhail Putistin, now deceased, a former Dynamo Kyiv football player who took part in a game known as the ‘Death Match’ in 1942. … Continue reading Putistin v Ukraine: ECHR 21 Nov 2013
Request for revision of the judgment of 7 July 2009 [2011] ECHR 310, 39842/05 Bailii European Convention on Human Rights Citing: Judgment – Dyller v Poland ECHR 7-Jul-2009 The applicant alleged that his pre-trial detention had exceeded a ‘reasonable time’ within the meaning of Article 5-3 of the Convention. . . Lists of cited by … Continue reading Dyller v Poland: ECHR 15 Feb 2011
ECHR Article 5-3 Brought promptly before judge or other officer 48 hours’ police custody following 18 days’ deprivation of liberty on board vessel arrested on high seas: violation Facts – The applicants were crew-members of a ship that was intercepted by the French Navy off the African coast on suspicion of transporting drugs. The vessel … Continue reading Vassis And Others v France (Legal Summary): ECHR 27 Jun 2013
62736/09 – Chamber Judgment (French Text), [2013] ECHR 614 Bailii European Convention on Human Rights Human Rights Citing: Legal Summary – Vassis And Others v France (Legal Summary) ECHR 27-Jun-2013 ECHR Article 5-3 Brought promptly before judge or other officer 48 hours’ police custody following 18 days’ deprivation of liberty on board vessel arrested on … Continue reading Vassis And Others v France: ECHR 27 Jun 2013
ECHR Article 1 para. 1 of Protocol No. 1Peaceful enjoyment of possessionsLoss of entitlement to favourable pension rights acquired as a result of employment in the State Security Service of the former communist regime in Poland: inadmissibleFacts – Pursuant to the provisions of a law enacted in 2009, the pension rights accumulated by former members … Continue reading Cichopek And Others v Poland (Dec): ECHR 14 May 2013
ECHR Article 35-3-bNo significant disadvantageLength-of-proceedings complaint concerning insignificant sum of tax: inadmissibleFacts – In 1994 the applicant was ordered to pay EUR 13.91 in tax in respect of an additional amount of undeclared income combined with a penalty of EUR 3.48. He challenged that decision in the courts and the case was ultimately remitted for … Continue reading Cecchetti v San Marino: ECHR 9 Apr 2013
Questions on Entry must be answered B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that Schedule. She appealed, saying that … Continue reading Beghal v Director of Public Prosecutions: SC 22 Jul 2015
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting. Held: Voting is a right not a privilege. It was a right central in a democratic society. Though the right is not absolute, any limitation had to be … Continue reading Hirst v United Kingdom (2): ECHR 6 Oct 2005
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
ECHR Grand Chamber – Article 5-1 Lawful arrest or detention Internment in Iraq under Third and Fourth Geneva Conventions: no violation Article 1 Jurisdiction of states Responsibility of states Territorial jurisdiction in relation to detention of Iraqi national by coalition of armed forces in Iraq Facts – In March 2003 a coalition of armed forces … Continue reading Hassan v The United Kingdom (LS): ECHR 16 Sep 2014
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
(Plenary) The applicants who had been detained without trial, challenged the derogation for the Convention by the respondent in respect of terrorist associated activity in Northern Ireland and on the mainland. Held: The derogation in respect of the suspension of rights of detained terrorist suspects was justified by and within the margin of appreciation allowed … Continue reading Brannigan and McBride v The United Kingdom: ECHR 26 May 1993
The applicant complained, inter alia, of the length of time he had spent in detention while on remand from 24 February to 12 May 1961, that is, two months and sixteen days, and from 12 July 1962 to 16 September 1964, that is two years, two months and four days. The Court had found that … Continue reading Neumeister v Austria: ECHR 7 May 1974
The applicant complained of his excessive detention on remand pending trial, suspected of fraud. [1964] ECHR 8, 1936/63 Bailii European Convention on Human Rights Cited by: See Also – Neumeister v Austria ECHR 27-Jun-1968 Hudoc Violation of Art. 5-3; Just satisfaction reserved . .See Also – Neumeister v Austria ECHR 7-May-1974 The applicant complained, inter … Continue reading Neumeister v Austria: ECHR 6 Jul 1964
ECHR Judgment (Merits and Just Satisfaction) – Questions of procedure rejected; Violation of Art. 5-3; Non-pecuniary damage – financial award. . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention . .
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 5-3; Violation of Art. 5-4; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – . .
