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• Europäischer Gerichtshof für Menschenrechte

  MUKHAREV v. RUSSIA

  Art. 5, Art. 5 Abs. 1, Art. 5 Abs. 4 MRK
  Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention) Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention) ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  [ENG]

Wird zitiert von ... (2)Zitiert selbst (10)

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• EGMR, 08.11.2005 - 6847/02

  KHOUDOÏOROV c. RUSSIE

  Auszug aus EGMR, 03.04.2012 - 22921/05

  The Court must in addition be satisfied that detention during the period under consideration was compatible with the purpose of Article 5 § 1 of the Convention, which is to prevent individuals from being deprived of their liberty in an arbitrary fashion (see, among many other authorities, Khudoyorov v. Russia, no. 6847/02, § 124, ECHR 2005-X).
• EGMR, 01.03.2007 - 72967/01

  BELEVITSKIY v. RUSSIA

  Auszug aus EGMR, 03.04.2012 - 22921/05

  It has held that the practice of keeping defendants in detention without judicial authorisation or clear rules governing their situation was incompatible with the principles of legal certainty and the protection from arbitrariness, which are common threads throughout the Convention and the rule of law (see Isayev v. Russia, no. 20756/04, §§ 131-33, 22 October 2009; Yudayev v. Russia, no. 40258/03, §§ 59-61, 15 January 2009; Belov v. Russia, no. 22053/02, §§ 90-91, 3 July 2008; Lebedev v. Russia, no. 4493/04, §§ 55-58, 25 October 2007; Shukhardin v. Russia, no. 65734/01, §§ 84-85, 28 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 88-90, 1 March 2007; Korchuganova v. Russia, no. 75039/01, § 57, 8 June 2006; and Khudoyorov, cited above, §§ 147-51).
• EGMR, 08.06.2006 - 75039/01

  KORCHUGANOVA v. RUSSIA

  Auszug aus EGMR, 03.04.2012 - 22921/05

  It has held that the practice of keeping defendants in detention without judicial authorisation or clear rules governing their situation was incompatible with the principles of legal certainty and the protection from arbitrariness, which are common threads throughout the Convention and the rule of law (see Isayev v. Russia, no. 20756/04, §§ 131-33, 22 October 2009; Yudayev v. Russia, no. 40258/03, §§ 59-61, 15 January 2009; Belov v. Russia, no. 22053/02, §§ 90-91, 3 July 2008; Lebedev v. Russia, no. 4493/04, §§ 55-58, 25 October 2007; Shukhardin v. Russia, no. 65734/01, §§ 84-85, 28 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 88-90, 1 March 2007; Korchuganova v. Russia, no. 75039/01, § 57, 8 June 2006; and Khudoyorov, cited above, §§ 147-51).

• EGMR, 25.10.2007 - 4493/04

  LEBEDEV v. RUSSIA

  Auszug aus EGMR, 03.04.2012 - 22921/05

  It has held that the practice of keeping defendants in detention without judicial authorisation or clear rules governing their situation was incompatible with the principles of legal certainty and the protection from arbitrariness, which are common threads throughout the Convention and the rule of law (see Isayev v. Russia, no. 20756/04, §§ 131-33, 22 October 2009; Yudayev v. Russia, no. 40258/03, §§ 59-61, 15 January 2009; Belov v. Russia, no. 22053/02, §§ 90-91, 3 July 2008; Lebedev v. Russia, no. 4493/04, §§ 55-58, 25 October 2007; Shukhardin v. Russia, no. 65734/01, §§ 84-85, 28 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 88-90, 1 March 2007; Korchuganova v. Russia, no. 75039/01, § 57, 8 June 2006; and Khudoyorov, cited above, §§ 147-51).
• EGMR, 26.07.2001 - 33977/96

  ILIJKOV v. BULGARIA

  Auszug aus EGMR, 03.04.2012 - 22921/05

  This means that the competent court has to examine not only compliance with the procedural requirements set out in domestic law, but also the reasonableness of the suspicion grounding the arrest and the legitimacy of the purpose pursued by the arrest and the ensuing detention (see Brogan and Others v. the United Kingdom, 29 November 1988, Series A no. 145-B, § 65; Grauslys v. Lithuania, no. 36743/97, §§ 51-55, 10 October 2000; and Ilijkov v. Bulgaria, no. 33977/96, § 94, 26 July 2001).
• EGMR, 28.06.2007 - 65734/01

  SHUKHARDIN v. RUSSIA

  Auszug aus EGMR, 03.04.2012 - 22921/05

  It has held that the practice of keeping defendants in detention without judicial authorisation or clear rules governing their situation was incompatible with the principles of legal certainty and the protection from arbitrariness, which are common threads throughout the Convention and the rule of law (see Isayev v. Russia, no. 20756/04, §§ 131-33, 22 October 2009; Yudayev v. Russia, no. 40258/03, §§ 59-61, 15 January 2009; Belov v. Russia, no. 22053/02, §§ 90-91, 3 July 2008; Lebedev v. Russia, no. 4493/04, §§ 55-58, 25 October 2007; Shukhardin v. Russia, no. 65734/01, §§ 84-85, 28 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 88-90, 1 March 2007; Korchuganova v. Russia, no. 75039/01, § 57, 8 June 2006; and Khudoyorov, cited above, §§ 147-51).
• EGMR, 22.10.2009 - 20756/04

  ISAYEV v. RUSSIA

  Auszug aus EGMR, 03.04.2012 - 22921/05

  It has held that the practice of keeping defendants in detention without judicial authorisation or clear rules governing their situation was incompatible with the principles of legal certainty and the protection from arbitrariness, which are common threads throughout the Convention and the rule of law (see Isayev v. Russia, no. 20756/04, §§ 131-33, 22 October 2009; Yudayev v. Russia, no. 40258/03, §§ 59-61, 15 January 2009; Belov v. Russia, no. 22053/02, §§ 90-91, 3 July 2008; Lebedev v. Russia, no. 4493/04, §§ 55-58, 25 October 2007; Shukhardin v. Russia, no. 65734/01, §§ 84-85, 28 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 88-90, 1 March 2007; Korchuganova v. Russia, no. 75039/01, § 57, 8 June 2006; and Khudoyorov, cited above, §§ 147-51).
• EGMR, 03.07.2008 - 22053/02

  BELOV v. RUSSIA

  Auszug aus EGMR, 03.04.2012 - 22921/05

  It has held that the practice of keeping defendants in detention without judicial authorisation or clear rules governing their situation was incompatible with the principles of legal certainty and the protection from arbitrariness, which are common threads throughout the Convention and the rule of law (see Isayev v. Russia, no. 20756/04, §§ 131-33, 22 October 2009; Yudayev v. Russia, no. 40258/03, §§ 59-61, 15 January 2009; Belov v. Russia, no. 22053/02, §§ 90-91, 3 July 2008; Lebedev v. Russia, no. 4493/04, §§ 55-58, 25 October 2007; Shukhardin v. Russia, no. 65734/01, §§ 84-85, 28 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 88-90, 1 March 2007; Korchuganova v. Russia, no. 75039/01, § 57, 8 June 2006; and Khudoyorov, cited above, §§ 147-51).
• EGMR, 10.10.2000 - 36743/97

  GRAUSLYS v. LITHUANIA

  Auszug aus EGMR, 03.04.2012 - 22921/05

  This means that the competent court has to examine not only compliance with the procedural requirements set out in domestic law, but also the reasonableness of the suspicion grounding the arrest and the legitimacy of the purpose pursued by the arrest and the ensuing detention (see Brogan and Others v. the United Kingdom, 29 November 1988, Series A no. 145-B, § 65; Grauslys v. Lithuania, no. 36743/97, §§ 51-55, 10 October 2000; and Ilijkov v. Bulgaria, no. 33977/96, § 94, 26 July 2001).
• EGMR, 15.01.2009 - 40258/03

  YUDAYEV v. RUSSIA

  Auszug aus EGMR, 03.04.2012 - 22921/05

  It has held that the practice of keeping defendants in detention without judicial authorisation or clear rules governing their situation was incompatible with the principles of legal certainty and the protection from arbitrariness, which are common threads throughout the Convention and the rule of law (see Isayev v. Russia, no. 20756/04, §§ 131-33, 22 October 2009; Yudayev v. Russia, no. 40258/03, §§ 59-61, 15 January 2009; Belov v. Russia, no. 22053/02, §§ 90-91, 3 July 2008; Lebedev v. Russia, no. 4493/04, §§ 55-58, 25 October 2007; Shukhardin v. Russia, no. 65734/01, §§ 84-85, 28 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 88-90, 1 March 2007; Korchuganova v. Russia, no. 75039/01, § 57, 8 June 2006; and Khudoyorov, cited above, §§ 147-51).

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• EGMR, 09.12.2015 - 21153/02

  BEDNOV ET 12 AUTRES AFFAIRES CONTRE LA RUSSIE

  22921/05.
• EGMR, 26.11.2013 - 23684/06

  KHANBIKOV AND OTHERS v. RUSSIA

  As to the complaint under Article 5 § 1 of the Convention, the Court has already held in many cases against Russia that the practice of keeping defendants in detention without judicial authorisation or clear rules governing their situation was incompatible with the principles of legal certainty and the protection from arbitrariness (see Mukharev v. Russia, no. 22921/05, §§ 25-32, 3 April 2012; Isayev v. Russia, no. 20756/04, §§ 131-33, 22 October 2009; Yudayev v. Russia, no. 40258/03, §§ 59-61, 15 January 2009; Belov v. Russia, no. 22053/02, §§ 90-91, 3 July 2008; Lebedev v. Russia, no. 4493/04, §§ 55-58, 25 October 2007; Shukhardin v. Russia, no. 65734/01, §§ 84-85, 28 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 88-90, 1 March 2007; Korchuganova v. Russia, no. 75039/01, § 57, 8 June 2006; and Khudoyorov v. Russia, no. 6847/02, §§ 147-51, 8 November 2005).