The ECHR found a violation of the requirements of paragraph 3 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms in relation to all applicants and paragraph 4 of Article 5 of the Convention for the Protection of Hum

Заголовок: The ECHR found a violation of the requirements of paragraph 3 of Article 5 of the Convention for the Protect Сведения: 2019-02-08 08:41:25

ECHR judgment of July 26, 2018 in the case of Utimishev and Others (Utimishev and Others) v. Russia (applications NN 15783/10, 34056/17, 34062/17, 34161/17, 34621/17, 53786/17, 55286 / 17, 56482/17 and 70654/17).

The case was successfully reviewed by the applicants for excessive length of detention pending trial. Some applicants also complained about the length of the judicial review of the reasonableness of their detention. The case has violated the requirements of Article 5 § 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (right to liberty and security of person) in respect of all applicants, clause 4 of Article 5 of the Convention in relation to individual applicants.

In 2010 and 2017, complainants were assisted in preparing applications. Subsequently, the applications were merged and communicated to the Russian Federation.

In their applications the applicants (nine people) complained about the excessive length of the detention pending trial. Some applicants also complained about the length of the judicial review of the reasonableness of their detention.

On July 26, 2018, the European Court unanimously ruled that in the present case the authorities violated the requirement of Article 5 § 3 of the Convention (the right to liberty and security of the person) in respect of all applicants of Article 5 § 4 of the Convention in respect of individual claimants, and ordered the respondent State to pay the applicants EUR 21,650 for non-pecuniary damage. Applicants were awarded various amounts from 1,000 to 5,200 euros.

 

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