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

Заголовок: The ECHR found a violation of the requirements of paragraph 4 of Article 5 of the Convention for the Protect Сведения: 2018-10-08 09:47:47

The case was successfully considered by the applicants for the excessive length of their detention pending trial. The case did not violate paragraphs 3 and 4 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2010 and 2012, complainants were assisted in preparing аpplications. Subsequently, the аpplications were merged and communicated to the Russian Federation.

In their complaints, the applicants complained about the excessive length of their pre-trial detention. The first applicant also complained that the appeal proceedings about the lawfulness of his detention had been carried out in his absence and in the absence of his lawyer. The second applicant submitted that the examination of his detention complaint did not meet the urgency criterion.

On April 6, 2017, on the complaints lodged by the applicants, the European Court unanimously decided that in the present case the authorities did not violate the requirement of Article 5 § 3 of the Convention (the right to liberty and security of person), but violated the requirements of Clause 4 of Article 5 of the Convention, and ordered the respondent State to pay each applicant 2,500 euros in respect of non-pecuniary damage, pecuniary damage and court costs.

ECHR ruling of April 6, 2017 in the case of Dudnichenko and Waes (Russian Federation) against the Russian Federation (аpplications N 49507/10 and 76349/12).

 

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