The ECHR has found a violation of the requirements of paragraphs 1, 3 and 5 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms in respect of each applicant, paragraph 4 of Article 5 of the Convention in respect of t

Заголовок: The ECHR has found a violation of the requirements of paragraphs 1, 3 and 5 of Article 5 of the Convention f Сведения: 2019-11-19 08:47:04

The ECHR judgment of May 7, 2019 in the case of Mityanin and Leonov v. Russia (applications N 11436/06 and 22912/06).

In 2006, the applicants were assisted in preparing applications. Subsequently, the applications were consolidated and communicated by the Russian Federation.

The case has successfully examined applications about the applicants 'unlawful detention at certain periods of time, as well as disproportionate interference with one of the applicants' privacy. The case has violated the requirements of paragraphs 1, 3 and 5 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms in respect of each applicant, paragraph 4 of Article 5 of the Convention in respect of the first applicant, paragraph 1 of Article 6 of the Convention in respect of the second applicant.

In their applications, the applicants complained about the unlawfulness of their detention at certain times. The first applicant also complained about the contents of the newspaper article of 18 January 2008 and the accompanying distribution of his photograph, alleging that this violated his presumption of innocence. The first applicant also considered that the above facts constituted a disproportionate interference with his private life.

On May 7, 2019, according to the applications filed by the applicants, the European Court, by six votes in favor and one against, decided that in the present case the Russian authorities had violated the requirements of Article 5 §§ 1, 3 and 5 of the Convention (right to liberty and security of person) ) in respect of each applicant, paragraph 4 of Article 5 of the Convention in respect of the first applicant, paragraph 1 of Article 6 of the Convention (right to a fair trial) in respect of the second applicant. The Court ordered the respondent Government to pay each applicant EUR 12,700 in respect of non-pecuniary damage.

 

 

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