This week the ECtHR in two rulings on Russia found violations of Article 5 of the ECHR.

Week-ending 16 April 2021

This week the European Court of Human Rights handed down two rulings with regard to Russia finding violations of Article 5 of the European Convention on Human Rights and Fundamental Freedoms (liberty and security of person).


AMUNTS AND OTHERS v. RUSSIA, 15 April 2021

A breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention; a violation of Article 5 § 4 of the Convention as regards the other complaints raised under well-established case-law of the Court (see the appended table); the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.

BEREZHNOY AND OTHERS v. RUSSIA, 15 April 2021

A violation of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention; a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see the appended table); the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.


Convention Rights:

Article 5 § 3: Everyone arrested or detained in accordance with the
provisions of paragraph 1 (c) of this Article shall be brought
promptly before a judge or other officer authorised by law to
exercise judicial power and shall be entitled to trial within a
reasonable time or to release pending trial. Release may be
conditioned by guarantees to appear for trial.

Article 5 § 4: Everyone who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings by which the lawfulness of
his detention shall be decided speedily by a court and his release
ordered if the detention is not lawful.

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