The applicant was in the army. He complained that, having been accused of a rape, he was ordered by his commanding officer to be detained on remand pending trial. Held: There had been a breach of Article 5.3 which required that anyone arrested should be taken before a court or other proper officer exercising judicial … Continue reading Boyle v United Kingdom: ECHR 8 Jan 2008
The defendant faced charges with others on the same indictment. The judge called a preparatory hearing under the 1996 Act, against the others, but held a separate hearing for the defendant, at which he held a similar preparatory hearing for him alone. The defendant now complained that a separate hearing could not be held for … Continue reading In re Kanaris (application for a writ of Habeas Corpus): HL 30 Jan 2003
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
The applicant complained under Article 5 – 3 of the Convention about the length of his detention and the lack of relevant and sufficient reasons for it, and that under Article 5 – 4 of the Convention that the proceedings concerning his detention on remand had not been fair because the courts had failed to … Continue reading Rimschi v The Republic of Moldova: ECHR 13 Jan 2015
The applicant asserted infringement of his rights by virtue of his detention before trial. He was arrested and detained in 1993, but his case was not concluded until 1997, with appeals running through to 1997.
Held: Suspicion is a sine qua non . .
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
