Violation of Article 5 - Right to liberty and security (Article 5-3 - Reasonableness of pre-trial detention)

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)

It appears that the domestic courts did not attempt to demonstrate the existence of specific facts proving that the declared risks outweighing the rule of respect for individual liberty existed.

Violation of Article 5 - Right to liberty and security (Article 5-3 - Reasonableness of pre-trial detention)

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)

    In so far as the applicant complains about refusal of J.Ch’s visit, the Court reiterates that detention, like any other measure depriving a person of his liberty, entails inherent limitations

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)

No one may be deprived of his liberty otherwise than on the grounds and according to the procedures established by law.

or against the existence of a genuine requirement of public interest justifying, with due regard to the principle of the presumption of innocence, a departure from the rule of respect for individual liberty

that where the law provides for a presumption in respect of factors relevant to the grounds for continued detention, the existence of the concrete facts outweighing the rule of respect for individual liberty

which in cases with an international element, such as this one, can vary significantly), the [applicant’s] personal circumstances and his personality, his behaviour before and after the deprivation of liberty

Violation of Article 5 - Right to liberty and security (Article 5-1-e - Persons of unsound mind)

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)

arrested or detained 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

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)

Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

The decision stated that the applicant had a permanent address and was not trying to abscond and that there was therefore no need to deprive him of his liberty.

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)