ECHR Judgment : Preliminary objection dismissed Art. 35 Admissibility criteria Art. 35-1 Exhaustion of domestic remedies Remainder inadmi… ECHR Judgment : Damage – claim dismissed : Fourth Section Citations: 10346/03, [2017] ECHR 929, [2018] ECHR 677 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: … Continue reading Dickmann And Gion v Romania: ECHR 24 Oct 2017
ECHR Judgment : Remainder inadmissible Art. 35 Admissibility criteria Art. 35-1 Exhaustion of domestic remedies No violation of Article 8… Citations: 45959/11, [2017] ECHR 942 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607895
ECHR Judgment : Preliminary objection dismissed Article 34 – Victim Preliminary objection joined to merits and dismissed Article 35-1 – Si… Citations: 17739/09, [2017] ECHR 779 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607853
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Article 5-2 – Information on… Citations: 23619/11, [2017] ECHR 757 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607865
ECHR Judgment : No violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Citations: 45953/10, [2017] ECHR 762 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607857
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Violation of Article 5 – Ri… Citations: 48528/09, [2017] ECHR 724 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607839
ECHR Judgment : No violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Citations: 39595/06, [2017] ECHR 730 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607810
ECHR Judgment : Preliminary objection joined to merits and dismissed Article 35-1 – Exhaustion of domestic remedies Violation of Article 8 … Citations: 27473/06, [2017] ECHR 669 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607797
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Violation of Article 5 – Ri… Citations: 11537/11, [2017] ECHR 697 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607784
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Deprivation of liberty Violation of Article 7 – No pun… Citations: 79457/13, [2017] ECHR 644 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607746
ECHR Judgment : Preliminary objection dismissed Art. 35 Admissibility criteria Art. 35-1 Exhaustion of domestic remedies Citations: 18597/13, [2018] ECHR 15 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607247
Citations: 9139/08 (Judgment : Violation of Article 5 – Right to liberty and security (Article 5-1 – Deprivation of liberty)), [2017] ECHR 309 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581408
Citations: 52142/12 (Judgment : Violation of Article 5 – Right to liberty and security (Article 5-1 – Lawful arrest or detention)), [2017] ECHR 267 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 March 2022; Ref: scu.581037
The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an order returning him to Sierra Leone would impinge on their right to family … Continue reading Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008
Grand Chamber – The appellant claimed damages for being held in prison beyond the term of his sentence. Having been released on licence from a life sentence for murder, he was re-sentenced for a cheque fraud. He was not released after the end of the sentence he served for that offence. He said there was … Continue reading Stafford v The United Kingdom: ECHR 28 May 2002
Extended Determinate Sentence created Other Status The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that this was discriminatory. Held: The … Continue reading Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018
Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
Article 5-1 Procedure prescribed by law Detention alleged to be unlawful on account of lack of legal representation during police custody and questioning by investigating judge: inadmissible Facts – In March 2010 the police were informed that a man had been stabbed with a knife. At the scene, the applicant stated that the victim was … Continue reading Simons v Belgium (Dec): ECHR 28 Aug 2012
Hudoc No violation of Art. 3; No violation of Art. 8; No violation of Art. 25-1 ‘Although the present case concerns expulsion as opposed to a decision to extradite, the Court considers that the above [Soering] principle also applies to expulsion decisions and a fortiori to cases of actual expulsion .’ 15576/89, (1991) 14 EHRR … Continue reading Cruz Varas And Others v Sweden: ECHR 20 Mar 1991
ECHR Article 35-1 Exhaustion of domestic remedies Effective domestic remedy New Cassation appeal procedure introduced by Law no. 353-FZ constituted an effective remedy requiring exhaustion: inadmissible Facts – The applicants, who were members of a cooperative of boat users, were sued by a municipality in 2012 for having allegedly illegally purchased land on which they … Continue reading Abramyan and Yakubovskiye v Russia (Dec): ECHR 12 May 2015
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about twenty minutes or more before being allowed to continue. An authorisation had been granted by an … Continue reading Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006
Grand Chamber – The applicants complained that their restriction within a police cordon (a measure known as ‘kettling’) for up to seven hours during the course of a demonstration in central London amounted to a deprivation of their liberty in breach of Article 5-1 of the Convention. Held: Public order containment for several hours did … Continue reading Austin and Others v The United Kingdom: ECHR 15 Mar 2012
ECHR Article 8-1 Respect for private life Detention and preventive measures outside the country where the applicant worked and lived with his family: violation Article 5 Article 5-1 Lawful arrest or detention Detention and preventive measures in the absence of reasonable suspicion of an offence: violation Facts – In April 2008 the Kyiv Police Department … Continue reading Kotiy v Ukraine: ECHR 5 Mar 2015
Relying on Article 5-1(a) and 5 of the Convention, the applicant alleged, inter alia, that he had served a sentence higher than he should have served. Paivi Hirvela, P 39824/07 – Chamber Judgment, [2015] ECHR 311 Bailii European Convention on Human Rights Human Rights Updated: 29 December 2021; Ref: scu.545034
Article 5-1-e Persons of unsound mind Lack of effective legal representation in proceedings concerning applicant’s confinement in a psychiatric hospital: violation Article 3 Degrading treatment Inhuman treatment Effective investigation Unnecessary physical restraint for fifteen hours in psychiatric hospital and lack of investigation into alleged ill-treatment: violation Facts – In 2012 the applicant went to a … Continue reading MS v Croatia (No 2): ECHR 19 Feb 2015
ECHR Judgment : Remainder inadmissible Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention 15944/11, [2017] ECHR 393 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 28 December 2021; Ref: scu.607608
The applicant alleges in particular that his detention was illegal and that he was denied internally guarantees to challenge his expulsion, he said in breach of Article 5-1 and 4 of the Convention and Article 1 of Protocol No. 7 to the Convention. Josep Casadevall, P 9356/11 – Chamber Judgment, [2015] ECHR 151 Bailii European … Continue reading SC v Romania: ECHR 10 Feb 2015
The applicant alleged, in particular have been placed in solitary confinement in the center for foreign Otopeni in violation of Article 3 of the Convention and have been declared undesirable and deprived of liberty in violation of Article 5-1 and 4 of the Convention and Article 1 of Protocol No. 7 to the Convention. Josep … Continue reading NM v Romania: ECHR 10 Feb 2015
Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Constitutional complaint on retroactivity of criminal provision on genocide: inadmissible Facts – The applicants were former officials of the then Soviet Socialist Republic of Latvia. In 2003, pursuant to a provision inserted into the Latvian Criminal Code in 1993, they were convicted of crimes contrary to … Continue reading Larionovs And Tess v Latvia (Dec): ECHR 25 Nov 2014
ECHR Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Retroactive redress in respect of alleged violations of Article 4 of Protocol No. 7 following Supreme Court decision of 11 June 2013: effective remedy Facts – In a plenary decision of 11 June 2013 (NJA 2013, p. 502) the Swedish Supreme Court, departing from its … Continue reading Shibendra Dev v Sweden (Dec): ECHR 21 Oct 2014
Article 5-1-b Secure fulfilment of obligation prescribed by law Detention for refusing to comply with order to reveal whereabouts of property attached to secure payment of tax debts: no violation Facts – The applicant was detained for a period of 42 days after refusing to comply with an injunction issued by an Enforcement Authority requiring … Continue reading Gothlin v Sweden: ECHR 16 Oct 2014
ECHR Article 46 General measures Article 46-2 Execution of judgment Respondent State required to amend legislation governing pre-trial detention in order to ensure compliance with Article 5 Article 5 Article 5-1 Lawful arrest or detention Detention without a court order: violation Facts – The applicant was arrested on 30 November 2012 on suspicion of murder … Continue reading Chanyev v Ukraine: ECHR 9 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 5-1 Lawful arrest or detention Continued imprisonment without review under ‘wholly punitive’ life sentence: inadmissible Facts – The applicants were serving mandatory life sentences for murder. Mr Lynch was convicted of murder in 1997 and given the sentence of life imprisonment that is mandatory in Irish law. His detention was reviewed on a … Continue reading Lynch And Whelan v Ireland (Dec): ECHR 8 Jul 2014
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary rendition to CIA: violations Article 6 Criminal proceedings Article 6-1 Fair hearing Extraordinary rendition to CIA despite real … Continue reading Husayn (Abu Zubaydah) v Poland: ECHR 24 Jul 2014
ECHR Article 46-2 Execution of judgment Measures of a general character Respondent State required to provide adequate procedures to review lawfulness of detention pending removal and to limit length of such detention Article 5 Article 5-1-f Expulsion Detention pending removal despite lack of realistic prospect of expulsion and lack of diligence by authorities in conduct … Continue reading Kim v Russia: ECHR 17 Jul 2014
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 2 Extradition Article 2-1 Death penalty Extraordinary rendition to CIA of suspected terrorist facing capital charges: violation Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary … Continue reading Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014
ECHR The applicant, relying in particular on Article 5-1, 2, 3 and 4 and Article 10 of the Convention, complained of the criminal proceedings against him and his custody and pre-trial detention conducted as part of these proceedings. Guido Raimondi, P 53413/11 – Chamber Judgment, [2014] ECHR 725 Bailii European Convention on Human Rights 5-1 … Continue reading Sik v Turkey: ECHR 8 Jul 2014
Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Entitlement to financial compensation under Article 141 – 1 (f) of the Code of Criminal Procedure for persons deprived of their liberty for a period exceeding the length of their sentence: effective remedy Facts – In December 2005 the applicant was sentenced to a prison term … Continue reading Alican Demir v Turkey: ECHR 25 Feb 2014
Grand Chamber – Article 35-1 – Exhaustion of domestic remedies Effective domestic remedy Six month period Failure to raise allegation of discrimination either expressly or in substance in proceedings before Constitutional Court: preliminary objection upheld Facts – The applicants were former Yugoslav army reservists who claimed entitlement to per diem allowances in respect of military … Continue reading Vuckovic And Others v Serbia: ECHR 25 Mar 2014
The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a conditional release. He said that that was discriminatory. Held: (Lord Hughes dissenting) The appeal failed. The … Continue reading Secretary of State for Justice v MM: SC 28 Nov 2018
The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic sources. Held: The protection of journalistic sources was part of the protection of freedom of expression: ‘protection of … Continue reading Financial Times Ltd and Others v The United Kingdom: ECHR 15 Dec 2009
The claimant had been sentenced to a short period of imprisonment but with an indeterminate term until he demonstrated that it was no longer necessary for the protection of the public. He complained that the term having expired, no opportunity had been given to him to show that he could be released. Held: ‘The legality … Continue reading Secretary of State for Justice v Walker; Same v James: CA 1 Feb 2008
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether the courts are entitled to take the same summary approach to such a defence, … Continue reading Akerman-Livingstone v Aster Communities Ltd: SC 11 Mar 2015
Proper Reply Opportunity Required on Deportation (Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of the day decided that he should … Continue reading Chahal v The United Kingdom: ECHR 15 Nov 1996
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
The court was asked whether the duty under article 5 to provide prisoners with a real opportunity for rehabilitation applied to prisoners serving extended sentences. The prisoner was subject to an extended sentence, but had been released on licence and, after a breach, recalled. Having served the full original sentence, he now complained that the … Continue reading Brown v The Parole Board for Scotland, The Scottish Ministers and Another: SC 1 Nov 2017
Grand Chamber – The applicant alleged that his brother was arrested and detained by British forces in Iraq and was subsequently found dead in unexplained circumstances. He complained under Article 5-1, 2, 3 and 4 of the Convention that the arrest and detention were arbitrary and unlawful and lacking in procedural safeguards and under Articles … Continue reading Hassan v The United Kingdom (GC): ECHR 16 Sep 2014
The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum. Held: It was for the person claiming the protection of the Convention provisions for ill-treatment to show that the country would not provide them with adequate protection against non-state agents. It was … Continue reading Bagdanavicius and Another, Regina (on the Application of) v: HL 26 May 2005
The applicant had been sentenced to an indefinite term for public protection, but the determinate part of his sentence had passed with no consideration as to whether his continued detention was required. Held: The post tariff detention was not unlawful and therefore no action for damages lay. The clear failures of the respondent to implement … Continue reading Secretary of State for Justice v James: HL 6 May 2009
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
Whether the First Appellant, Alfred McConnell (whose name was at one time anonymised to TT), a transgender man and holder of a gender recognition certificate, is entitled to be registered as the ‘father’, or otherwise ‘parent’ or ‘gestational . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 5-1; Not necessary to examine Art. 5-4; Not necessary to examine Art. 13+5-4; Non-pecuniary damage . .
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel); Violation of Art. 3; Violation of Art. 13; Not necessary to examine Art. 6-1; No violation of Art. 25-1; Not necessary to . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Violation of Art. 8 + P1-1; Violation of Art. 13; No violation of Art. 14 or Art. 18; Failure to comply with obligations under former Art. 25-1 . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non exhaustion); Preliminary objection rejected (abuse of process); No violation of Art. 5-1; Violation of Art. 5-4; No violation of . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 with regard to the initial period; No violation of Art. 5-1 with regard to the subsequent period; No violation of Art. 5-3; Violation of Art. . .
Hudoc Preliminary objection rejected (incompatibility); Preliminary objection rejected (non-exhaustion); Violation of Art. 5-1; Pecuniary damage – claim rejected; Non-pecuniary damage – claim partially rejected; . .
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Hudoc Judgment (Merits and just satisfaction) No violation of Art. 5-1; Violation of Art. 5-3; Violation of Art. 5-4; Preliminary objection joined to merits (non-exhaustion); Preliminary objection rejected . .
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