ECHR Judgment : Preliminary objection joined to merits and dismissed Article 35-1 – Exhaustion of domestic remedies Preliminary objection 75947/11, [2017] ECHR 484 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607529
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
A person detained as a person of unsound mind should not be kept in a prison, but if the institution concerned is within the appropriate category, there is no breach of Article 5. While measures depriving a person of his liberty often involve an element of suffering or humiliation, it cannot be said that detention … Continue reading Aerts v Belgium: ECHR 30 Jul 1998
ECHR Article 35-1Exhaustion of domestic remediesEffective domestic remedyIn cases concerning non-enforcement of judgments against socially-owned companies, Constitutional Court appeal may under certain conditions be effective domestic remedy requiring exhaustion: admissibleFacts – The applicant complains under Article 6 ss 1 of the European Convention of a failure by the respondent State to enforce final judgments against … Continue reading Markinkovic v Serbia: ECHR 29 Jan 2013
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 5-1 Lawful arrest or detention Continued detention without a judicial decision of a juvenile subject to correctional proceedings: violation Article 46 General measures Respondent State required to take legislative measures to stop the practice of detaining juveniles subject to correctional proceedings without a judicial decision Facts – The applicant, a minor at the … Continue reading Grabowski v Poland: ECHR 30 Jun 2015
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
73560/12 – Chamber Judgment, [2015] ECHR 397 Bailii European Convention on Human Rights Cited by: See Also – Constancia v The Netherlands (Dec) Summary ECHR 3-Mar-2015 ECHR Article 5-1-e Persons of unsound mind Detention as a person of ‘unsound mind’ in the absence of a precise diagnosis of mental state: inadmissible Article 5-1 Lawful arrest … Continue reading Constancia v The Netherlands (Dec): ECHR 3 Mar 2015
ECHR Article 5-1-e Persons of unsound mind Detention as a person of ‘unsound mind’ in the absence of a precise diagnosis of mental state: inadmissible Article 5-1 Lawful arrest or detention Detention and preventive measures in the absence of reasonable suspicion of an offence: violation Facts – The applicant was prosecuted for manslaughter following the … Continue reading Constancia v The Netherlands (Dec) Summary: ECHR 3 Mar 2015
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
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
ECHR Judgment : No violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention the Republic of Moldova 22200/10, [2017] ECHR 481 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 28 December 2021; Ref: scu.607607
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
The applicants alleged in particular that their detention at the detention center for illegal immigrants for deportation to the Congo, a country through which they had passed, was in violation of Article 3 and Article 5-1(f) the Convention Jociene P 15297/09 – HEJUD, [2011] ECHR 2420, (2012) 55 EHRR 26 Bailii European Convention on Human … Continue reading Kanagaratnam And Others v Belgium: ECHR 13 Dec 2011
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
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
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
Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Claim for compensation in administrative courts in respect of conditions of detention: effective remedy: inadmissible Facts – In his application to the European Court, the applicant complained, inter alia, of the conditions of his detention in prison. The Government objected that he had failed to exhaust … Continue reading Ignats v Latvia (Dec): ECHR 24 Sep 2013
ECHR Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Length-of-proceedings complaint under Article 6.272 of the Civil Code as interpreted by domestic courts: effective remedy: inadmissible Facts – The applicants were serving or former judges or their lawful heirs. Following a reduction in judges’ salaries by 30% in 1999, the applicants instituted proceedings before … Continue reading Savickas And Others v Lithuania (Dec): ECHR 15 Oct 2013
The appellant challenged his recall to prison from licence. He had been convicted in 1973 of the murder of two police officers. He had remained at liberty for 18 years, befire his licence was revoked on the basis of confidential iintelligence information. The recall was considered by a panel of commissioners and material was served, … Continue reading Martin Corey, Re for Judicial Review: SC 4 Dec 2013
ECHR Article 5-1-fPrevent unauthorised entry into countryDetention of asylum-seeker for period which, particularly in view of his conditions of detention, was unreasonable: violationFacts – The applicant entered Malta in an irregular manner by boat in April 2011, was arrested by the police and placed in detention. He submitted an application for asylum and challenged his … Continue reading Suso Musa v Malta (Legal Sumary): ECHR 23 Jul 2013
ECHR Article 5-1Deprivation of libertyTransfer and stay at police headquarters of a group of immigrants with a view to identifying and deporting unlawful residents: violationFacts – The applicant, a Syrian national of Kurdish origin, fled Syria in 2005 and made an unsuccessful claim for asylum in Cyprus. His file was reopened by the asylum service … Continue reading MA v Cyprus: ECHR 23 Jul 2013
42337/12 – Chamber Judgment, [2013] ECHR 721 Bailii European Convention on Human Rights Human Rights Citing: Legal Sumary – Suso Musa v Malta (Legal Sumary) ECHR 23-Jul-2013 ECHR Article 5-1-fPrevent unauthorised entry into countryDetention of asylum-seeker for period which, particularly in view of his conditions of detention, was unreasonable: violationFacts – The . . Lists … Continue reading Suso Musa v Malta: ECHR 23 Jul 2013
ECHR Article 35-1 Exhaustion of domestic remedies Effective domestic remedyNon-exhaustion of a new accessible and effective constitutional remedy: inadmissible 10755/13 – Legal Summary, [2013] ECHR 643, 10755/13 – Second Section (French Text), [2013] ECHR 642 Bailii, Bailii European Convention on Human Rights, European Convention on Human Rights Human Rights Human Rights Updated: 15 November 2021; … Continue reading Hasan Uzun v Turkey (Dec): ECHR 30 Apr 2013
ECHR Article 5-1-aAfter convictionApplicant’s continued placement in psychiatric hospital after expiry of his prison term: no violationFacts – In 1995 the applicant was convicted of homicide and sentenced to eight and a half years’ imprisonment and placement in a psychiatric hospital on grounds of diminished responsibility. In making the order for the applicant’s placement, the … Continue reading Radu v Germany (Legal Summary): ECHR 16 May 2013
ECHR Article 35-1Exhaustion of domestic remediesEffective domestic remedyFailure to seek compensation in the domestic courts or through the Chancellor of Justice for a Convention violation: inadmissibleFacts – In his application to the European Court the applicant complained under Article 6-1 of the Convention of procedural unfairness in proceedings before the administrative courts for a life … Continue reading Ruminski v Sweden (Dec): ECHR 21 May 2013
ECHR Article 5-1-bLawful order of a courtDetention in police station of person required by unlawfully issued court order to undergo psychiatric examination: violationFacts – In January 2006 the police requested a clinic to carry out a psychiatric examination of the applicant following complaints they had received from neighbours about her behaviour. Seven months later, relying … Continue reading Petukhova v Russia (Legal Summary): ECHR 2 May 2013
ECHR Article 35-1Exhaustion of domestic remediesEstablishment in accordance with Court pilot judgment of domestic remedy affording compensation in length-of-proceedings cases and requiring exhaustion: inadmissibleFacts – Various sets of criminal proceedings have been brought against the applicants since 1999. They complained of the length of the proceedings and of the lack of a domestic legal remedy … Continue reading Turgut And Others v Turkey (Dec): ECHR 26 Mar 2013
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
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
ECHR Article 5-1 Lawful arrest or detention Pre-trial detention for allegedly contemptuous behaviour to trial court: violation Article 18 Restrictions for unauthorised purposesDeprivation of opposition leader’s liberty for reasons other than bringing him before a competent legal authority on reasonable suspicion of having committed an offence: violation Facts – The applicant was the leader of … Continue reading Tymoshenko v Ukraine (Legal Summary): ECHR 30 Apr 2013
ECHR Article 3Degrading treatmentInhuman treatmentContinued enforcement in United Kingdom pursuant to prisoner transfer agreement of lengthy sentence imposed by Thai courts: inadmissibleArticle 5Article 5-1Deprivation of libertyArticle 5-1-aAfter convictionContinued enforcement in United Kingdom pursuant to prisoner transfer agreement of lengthy sentence imposed by Thai courts: inadmissibleFacts – Both applicants were detained in prisons in the United … Continue reading Willcox and Hurford v The United Kingdom: ECHR 8 Jan 2013
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
gough_uk201410 The applicant alleged that his repeated arrest, prosecution, conviction and imprisonment for being naked in public and his treatment in detention violated his rights under Articles 3, 5-1, 7-1, 8, 9 and 10 of the Convention. Held: The application was dismissed. Going naked in public was the applicant’s chosen method of expressing himself, and … Continue reading Gough v The United Kingdom: ECHR 28 Oct 2014
The applicants were Kurdish asylum seekers. The Home Secretary introduced powers to detain certain asylum seekers for a short period in order to facilitate the speedy resolution of their applications. Only those who it was suspected might run away were detained. Held: The detention was short, and was justified by the need for speed. The … Continue reading Regina v Secretary of State for the Home Department Ex parte Saadi and others: HL 31 Oct 2002
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
georgia_russiaECHR1407 ECHR Grand Chamber – Article 4 of Protocol No. 4 Prohibition of collective expulsion of aliens Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007: administrative practice in breach Article 33 Inter-state case Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007 Article 35 … Continue reading Georgia v Russia (No 1): ECHR 3 Jul 2014
(Grand Chamber) The effect of the change was to alter the range for the defendant Maktouf (an accomplice) from 1-15 to 5-20 years. For the defendant Damjanovich (a principal) the range was altered from 5-15 to 10-20. Maktouf was expressly sentenced to the new minimum of five years, but the court could not go below … Continue reading Maktouf and Damjanovic v Bosnia And Herzegovina: ECHR 18 Jul 2013
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
Article 5-1-b Non-compliance with court order Deprivation of liberty to enforce fine that had already been paid: violation Facts – In 2000 the applicant was convicted of a minor offence and ordered to pay a fine within fifteen days of the judgment becoming final. He was informed that if he did not pay in time … Continue reading Velinov v ‘The Former Yugoslav Republic Of Macedonia’: ECHR 19 Sep 2013
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
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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 . .
(Grand Chamber) The applicant, a consultant psychiatrist, had conducted research with children under undertakings of absolute privacy. Several years later a researcher, for proper reasons, obtained court orders for the disclosure of the data under . .
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