The ECHR found a violation of the requirements of Article 5, paragraphs 1 and 4, paragraph 1 and subparagraph (d) of paragraph 3 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Article 5, paragraphs 1 and 4, paragraph 1 and subparagrap Сведения: 2018-09-03 17:00:47

The case successfully examined the applicant's complaint that the record of her detention was drawn up with considerable delay, and also that she was detained for more than 48 hours without a court decision. There have been violations of article 5, paragraphs 1 and 4, paragraph 1 and subparagraph (d) of paragraph 3 of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2007, the applicant was assisted in the preparation of the аpplication. Subsequently, the аpplication was communicated to the Russian Federation.

In her complaint, the applicant complained that the record of her detention had been drawn up with considerable delay, that she had been detained for more than 48 hours without a court decision. The applicant also submitted that the judicial review of the lawfulness of her detention in an appeal procedure did not meet the criterion of urgency and that the subsequent trial was not fair because she could not directly interrogate witnesses.

On 13 June 2017, on a complaint lodged by the applicant, the Court unanimously held that in the present case the Government violated the requirements of Article 5 §§ 1 and 4 of the Convention (right to liberty and security of the person), paragraph 1 and subparagraph (d) of paragraph 3 of Article 6 Of the Convention (the right to a fair trial) and ordered the respondent State to pay the applicant EUR 10,000 in respect of non-pecuniary damage.

The ECHR judgment of 13 June 2017 in the Volkova v. Russian Federation case (аpplication no. 56360/07).

 

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