Moreover, the risk of absconding, which may justify detention, cannot be gauged solely on the basis of the severity of the sentence faced.

An applicant cannot be considered to have failed to exhaust domestic recourses if they can demonstrate, by producing internal decisions or other relevant proof, that an available recourse that they did

However, the applicant’s subjective perception cannot alone suffice to conclude that he or she has suffered a significant disadvantage.

It should be noted that it cannot be claimed that the use of special investigative measures under Article 180 § 1(4) and (5) of the Code of Criminal Procedure can be considered as an incitement to commit

Given the applicant’s contrary statements as well as those of the witnesses the Court accepts that it cannot be established that the police officers hit or kicked the applicant.

The judge concerned can argue in relation to all evidence adduced at the hearing.”

The Court underlines that there can be no justification for a court of law to make a premature pronouncement of this kind (see the above-cited case-law, and also Kaźmierczak v.

However, the Court cannot but notice that the District Court failed to indicate a time-limit for the applicant’s detention.

    The Russian Constitution of 12 December 1993 establishes that a judicial decision is required before a defendant can be detained or his detention extended (Article 22). 24 .

Human Rights (First Section), sitting as a Chamber composed of:   Isabelle Berro, President,   Elisabeth Steiner,   Khanlar Hajiyev,   Mirjana Lazarova Trajkovska,   Linos-Alexandre

In such circumstances, the Court cannot but conclude that the impugned decision was unsubstantiated in respect of both factual grounds and legal reasoning. 40.

European Court of Human Rights (First Section), sitting as a Chamber composed of:   Isabelle Berro-Lefèvre, President,   Julia Laffranque,   Paulo Pinto de Albuquerque,   Linos-Alexandre

    The relevant information with regard to the EU assessment of the 2011 economic situation in Portugal can be found in the case of Da Conceição Mateus and Santos Januário v.

It can be appealed before the second-instance body. 44.

    While being aware that steps were taken recently by the national authorities in order to complete the criminal investigation into the events of December 1989, the Court, however, cannot depart

MENUIPRO [Adresse 5] [Localité 2] Représenté par Me Alexandra MERLE, avocat au barreau de MONTPELLIER Monsieur [K] [P] [Adresse 13] [Adresse 12] Représenté par Me Céline HERNANDEZ de la SELARL

However, it cannot be overlooked that the applicant did not specify in what way the particular failings identified in that report affected her during her stay there.

sitting as a Chamber composed of:   Nina Vajić, President,   Anatoly Kovler,   Peer Lorenzen,   Elisabeth Steiner,   Khanlar Hajiyev,   Julia Laffranque,   Linos-Alexandre

    In these circumstances, the Court cannot find that the domestic courts complied with their duty under Article   8 to deal diligently with the applicants’ request for visiting rights.