Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention)

    The applicants complained of the unlawful detention (deprivation of liberty). In applications nos.

)(1) of the Criminal Procedure Law ( Kriminālprocesa likums ), as in force at the material time, provided that detainees, suspects and accused persons who had been subjected to deprivation of their liberty

or detained persons are entitled to a review bearing upon the procedural and substantive conditions which are essential for the “lawfulness”, in the sense of the Convention, of their deprivation of liberty

Its key purpose is to prevent arbitrary or unjustified deprivations of liberty (see   Buzadji v. the Republic of Moldova   [GC], no.

    Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: ...

  Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: ... ... ...

    Everyone has the right to liberty and security of person.

    Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: ...

    In the meantime, the applicants lodged individual applications with the Constitutional Court in respect of, inter alia , the alleged violation of their right to liberty and security on various

    The applicant complained of deprivation of liberty. He also raised other complaints under the provisions of the Convention.

    Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law ...

They relied, expressly or in substance, on Article 5 § 4 of the Convention, which reads as follows: Article 5 § 4 “Everyone who is deprived of his liberty by arrest or detention shall be entitled to take

The investigator stated, without developing further, that if at liberty the applicant could influence the victim. 13.

He relied on Article 5 §   4 of the Convention, which reads as follows: Article 5 § 4 “Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which

impression that it viewed detention not as a preventive measure but as something akin to a penalty which the applicant was to “serve”, which, in the Court’s opinion, negated the very essence of the right to liberty

    In determining whether the applicant was deprived of his liberty in accordance with Article 5 § 1 of the Convention, the Court notes that the applicant’s pre-trial detention was ordered in

    Relying on Article 5 § 1 of the Convention, the applicant complained that his right to liberty had been infringed as he had been unlawfully detained without any official record between 7

Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention)