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 of detention pending trial, but after a certain period it is unsufficient. Continued detenetion over a long period of time awaiting trial requires special care to ensure the detention is justified.
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
35825/97, [2003] ECHR 413
Worldlii, Bailii
European Convention on Human Rights 5.3 6.1
Human Rights
Citing:
Cited – Labita v Italy ECHR 6-Apr-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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.185112 br>