The ECHR found a violation of the requirements of Article 5 §§ 3 and 4 of the Convention, as well as a violation of Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Article 5 §§ 3 and 4 of the Convention, as well as a viola Сведения: 2018-08-06 09:16:35

The ECHR judgment of 30 January 2018 in the case of Barabanov v. The Russian Federation (applications N 4966/13 and 5550/15).

The case successfully considered the applicant's complaints that his pre-trial detention was unfounded, and that consideration of the appeal against the decision to detain him was not carried out without delay. The applicant also complained of a violation of his right to freedom of expression and freedom of assembly. The case involved a violation of the requirements of Article 5 §§ 3 and 4 of the Convention, also by six votes to one it was held that there had been a violation of Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2013 and 2015 the applicant was assisted in the preparation of applications. Subsequently, the applications were merged and communicated to the Russian Federation.

In his complaints, the applicant, who participated in the demonstration on 6 May 2012, complained that his pre-trial detention was unfounded, and that consideration of the appeal against the decision to detain him was not carried out without delay. The applicant also complained of a violation of his right to freedom of expression and freedom of assembly.

On 30 January 2018, on the complaints lodged by the applicant, the Court unanimously held that in this case the Government violated the requirements of Article 5 §§ 3 and 4 of the Convention (right to liberty and security of person). The Court also held, by six votes to one, that there had been a violation of Article 11 of the Convention (freedom of assembly and association) and ordered the respondent State to pay the applicant EUR 10,000 in respect of non-pecuniary damage. A special opinion was expressed by Judge D. Dedov (elected from the Russian Federation).

 

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