The ECHR found a violation of the requirements of Article 5 § 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Article 5 § 4 of the Convention for the Protection of Huma Сведения: 2018-08-08 10:00:43

The ECHR judgment of 09 January 2018 in the case of Revtyuk v. Russian Federation (application No. 31796/10).

In the case, the complaint of the applicant, suspected of rape K., who was an employee of the Vasileostrovsky District Court of St. Petersburg and was the daughter of one of the judges of the same court, was successfully considered. The fact that the composition of the court that chose the measure of restraint for the applicant the form of detention and prolonged it, was not impartial. In the case there was a violation of the requirements of paragraph 4 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2010, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

In his complaint, the applicant, suspected of committing a rape of K., who was an employee of the Vasileostrovsky District Court of St. Petersburg and was the daughter of one of the judges of the same court, complained that the composition of the court, which had chosen for the applicant a measure of restraint in the form of content under guard and prolonged it, was not impartial.

On 9 January 2018, on a complaint lodged by the applicant, the Court unanimously held that in this case the Government violated the requirements of Article 5 § 4 of the Convention (right to liberty and security of the person) and ordered the respondent State to pay the applicant EUR 5,000 in respect of moral harm.

 

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