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 sufficient ; Costs and expenses partial award
The applicant’s detention prior to trial, for a period of two years, had lasted an unreasonably long time.
Held: The European court found a violation of article 5(3). There was also a breach of article 5(4) relating to an application which the applicant had made to the public prosecutor to be released on bail. The prosecutor had transmitted the request to the domestic court, which had failed to deal with it. However the applicant’s detention on remand had been justified. In dealing with the claim under article 41, it noted that the period spent on remand had been deducted from the prison sentence which the applicant was ordered to serve following his conviction; and the court accepted that the deduction of a period of detention from the ultimate sentence removed the need for any further award in respect of non-pecuniary loss arising from a violation of article 5(3).
Citations:
39359/98, [2004] ECHR 280
Links:
Statutes:
European Convention on Human Rights 5(3)
Cited by:
Cited – Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-2013
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 . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Damages, Prisons
Updated: 11 June 2022; Ref: scu.198282