The ECHR found a violation of the requirements of paragraph 1 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 1 of Article 5 of the Convention for the Protect Сведения: 2020-04-22 04:35:20

The ECHR judgment of September 24, 2019 in the case of Ismailov v. Russia (application No. 45852/17).

In 2017, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

The case has successfully examined the application about the applicant’s unlawful detention pending deportation, as well as the lack of due diligence during the proceedings, since, despite the fact that the authorities of the Russian Federation became aware of the applicant’s citizenship of that country, where he was intended to be extradited, the applicant continued to be detained for another eight months. The case has violated article 5, paragraph 1, of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In his application, the applicant complained that his detention pending deportation was unlawful and that due diligence had not been shown during the proceedings because, despite the fact that the authorities of the Russian Federation had become aware of the applicant’s citizenship of that country, where he was intended to be extradited, the applicant continued to be detained for another eight months.

On September 24, 2019, on an application filed by the applicant, the European Court unanimously ruled that in the present case the Government violated the requirements of Article 5 § 1 of the Convention (right to liberty and security of person) and ordered the respondent Government to pay the applicant 3,000 euros in in respect of non-pecuniary damage and 1,500 euros in respect of costs and expenses.

 

 

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