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• Europäischer Gerichtshof für Menschenrechte

  MAASSEN v. THE NETHERLANDS

  Violation of Article 5 - Right to liberty and security (Article 5-3 - Reasonableness of pre-trial detention);Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage;Just satisfaction);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  MAASSEN v. THE NETHERLANDS

  Art. 5, Art. 5 Abs. 1 Buchst. c, Art. 5 Abs. 3 MRK
  [ENG]

Wird zitiert von ...Neu Zitiert selbst (19)

• EGMR, 27.02.2018 - 39496/11

  SINKOVA v. UKRAINE

  Auszug aus EGMR, 09.02.2021 - 10982/15

  For example, the Court found no violation of Article 5 § 3 in a case concerning a pre-trial detention period of more than four years (see Lisovskij v. Lithuania, no. 36249/14, § 77, 2 May 2017, in which it considered that the Lithuanian courts thoroughly evaluated all the relevant factors and based their decisions on the particular circumstances of the case), in a case concerning a pre-trial detention period of more than three years and eight months (see Stvrtecký v. Slovakia, no. 55844/12, § 65, 5 June 2018, in which the Court observed that the judicial authorities referred to specific facts of the case and did not use a pre-existing template or formalistic and abstract language and noted that, with the passing of time, the court's reasoning evolved to reflect the state of the investigations) and in a case concerning a pre-trial detention period of one year, three months and twenty-three days (see Podeschi v. San Marino, no. 66357/14, § 153, 13 April 2017, in which the Court observed that while the various jurisdictions referred to the previous decisions refusing bail, they gave details of the grounds for the decisions in view of the developing situation and whether the original grounds remained valid despite the passage of time), whereas the Court did find a violation of this provision in a case in which the pre-trial detention lasted three months (Sinkova v. Ukraine, no. 39496/11, § 74, 27 February 2018, in which the Court observed that, in extending the applicant's detention and rejection her applications for release, the domestic courts mainly referred to the reasoning for her initial placement in detention, without any updated details); in a case concerning a period of pre-trial detention of forty-three days (Krivolapov v. Ukraine, no. 5406/07, §§ 105-108, 2 October 2018, for which the Court noted the absence from the relevant decision of any justification other than the fact that criminal proceedings were pending against the applicant); and in a case in which the pre-trial detention lasted slightly less than two months (Cîrstea v. Romania [Committee], no. 10626/11, §§ 54-59, 23 July 2019, in which the Court found that the domestic courts failed to adduce a proper substantiation for the alleged risks in case of a discontinuation of the applicant's pre-trial detention).
• EGMR, 05.06.2018 - 55844/12

  STVRTECKÝ v. SLOVAKIA

  Auszug aus EGMR, 09.02.2021 - 10982/15

  For example, the Court found no violation of Article 5 § 3 in a case concerning a pre-trial detention period of more than four years (see Lisovskij v. Lithuania, no. 36249/14, § 77, 2 May 2017, in which it considered that the Lithuanian courts thoroughly evaluated all the relevant factors and based their decisions on the particular circumstances of the case), in a case concerning a pre-trial detention period of more than three years and eight months (see Stvrtecký v. Slovakia, no. 55844/12, § 65, 5 June 2018, in which the Court observed that the judicial authorities referred to specific facts of the case and did not use a pre-existing template or formalistic and abstract language and noted that, with the passing of time, the court's reasoning evolved to reflect the state of the investigations) and in a case concerning a pre-trial detention period of one year, three months and twenty-three days (see Podeschi v. San Marino, no. 66357/14, § 153, 13 April 2017, in which the Court observed that while the various jurisdictions referred to the previous decisions refusing bail, they gave details of the grounds for the decisions in view of the developing situation and whether the original grounds remained valid despite the passage of time), whereas the Court did find a violation of this provision in a case in which the pre-trial detention lasted three months (Sinkova v. Ukraine, no. 39496/11, § 74, 27 February 2018, in which the Court observed that, in extending the applicant's detention and rejection her applications for release, the domestic courts mainly referred to the reasoning for her initial placement in detention, without any updated details); in a case concerning a period of pre-trial detention of forty-three days (Krivolapov v. Ukraine, no. 5406/07, §§ 105-108, 2 October 2018, for which the Court noted the absence from the relevant decision of any justification other than the fact that criminal proceedings were pending against the applicant); and in a case in which the pre-trial detention lasted slightly less than two months (Cîrstea v. Romania [Committee], no. 10626/11, §§ 54-59, 23 July 2019, in which the Court found that the domestic courts failed to adduce a proper substantiation for the alleged risks in case of a discontinuation of the applicant's pre-trial detention).
• EGMR, 23.07.2019 - 10626/11

  CÎRSTEA c. ROUMANIE

  Auszug aus EGMR, 09.02.2021 - 10982/15

  For example, the Court found no violation of Article 5 § 3 in a case concerning a pre-trial detention period of more than four years (see Lisovskij v. Lithuania, no. 36249/14, § 77, 2 May 2017, in which it considered that the Lithuanian courts thoroughly evaluated all the relevant factors and based their decisions on the particular circumstances of the case), in a case concerning a pre-trial detention period of more than three years and eight months (see Stvrtecký v. Slovakia, no. 55844/12, § 65, 5 June 2018, in which the Court observed that the judicial authorities referred to specific facts of the case and did not use a pre-existing template or formalistic and abstract language and noted that, with the passing of time, the court's reasoning evolved to reflect the state of the investigations) and in a case concerning a pre-trial detention period of one year, three months and twenty-three days (see Podeschi v. San Marino, no. 66357/14, § 153, 13 April 2017, in which the Court observed that while the various jurisdictions referred to the previous decisions refusing bail, they gave details of the grounds for the decisions in view of the developing situation and whether the original grounds remained valid despite the passage of time), whereas the Court did find a violation of this provision in a case in which the pre-trial detention lasted three months (Sinkova v. Ukraine, no. 39496/11, § 74, 27 February 2018, in which the Court observed that, in extending the applicant's detention and rejection her applications for release, the domestic courts mainly referred to the reasoning for her initial placement in detention, without any updated details); in a case concerning a period of pre-trial detention of forty-three days (Krivolapov v. Ukraine, no. 5406/07, §§ 105-108, 2 October 2018, for which the Court noted the absence from the relevant decision of any justification other than the fact that criminal proceedings were pending against the applicant); and in a case in which the pre-trial detention lasted slightly less than two months (Cîrstea v. Romania [Committee], no. 10626/11, §§ 54-59, 23 July 2019, in which the Court found that the domestic courts failed to adduce a proper substantiation for the alleged risks in case of a discontinuation of the applicant's pre-trial detention).

 
• EGMR, 16.12.1992 - 12945/87

  HADJIANASTASSIOU v. GREECE

  Auszug aus EGMR, 09.02.2021 - 10982/15

  Furthermore, in the context of Article 6 of the Convention, the Court had held that national courts had had to indicate with sufficient clarity the grounds on which they had based their decisions (see Hadjianastassiou v. Greece, 16 December 1992, § 33, Series A no. 252).
• EGMR, 07.04.2009 - 17689/03

  TIRON c. ROUMANIE

  Auszug aus EGMR, 09.02.2021 - 10982/15

  More generally, the need to continue the deprivation of liberty cannot be assessed from a purely abstract point of view, taking into consideration only the seriousness of the offence (see Tiron v. Romania, no. 17689/03, § 42, 7 April 2009, and Geisterfer, cited above, § 39, with further references).
• EGMR, 08.02.2005 - 45100/98

  PANCHENKO v. RUSSIA

  Auszug aus EGMR, 09.02.2021 - 10982/15

  In exercising its function on this point, the Court has to ensure that the domestic courts" arguments for and against release must not be "general and abstract" (see, for example, Smirnova v. Russia, nos. 46133/99 and 48183/99, § 63, ECHR 2003-IX (extracts)), but contain references to specific facts and the personal circumstances justifying an applicant's detention (see, mutatis mutandis, Panchenko v. Russia, no. 45100/98, § 107, 8 February 2005).
• EGMR, 13.04.2017 - 66357/14

  PODESCHI v. SAN MARINO

  Auszug aus EGMR, 09.02.2021 - 10982/15

  For example, the Court found no violation of Article 5 § 3 in a case concerning a pre-trial detention period of more than four years (see Lisovskij v. Lithuania, no. 36249/14, § 77, 2 May 2017, in which it considered that the Lithuanian courts thoroughly evaluated all the relevant factors and based their decisions on the particular circumstances of the case), in a case concerning a pre-trial detention period of more than three years and eight months (see Stvrtecký v. Slovakia, no. 55844/12, § 65, 5 June 2018, in which the Court observed that the judicial authorities referred to specific facts of the case and did not use a pre-existing template or formalistic and abstract language and noted that, with the passing of time, the court's reasoning evolved to reflect the state of the investigations) and in a case concerning a pre-trial detention period of one year, three months and twenty-three days (see Podeschi v. San Marino, no. 66357/14, § 153, 13 April 2017, in which the Court observed that while the various jurisdictions referred to the previous decisions refusing bail, they gave details of the grounds for the decisions in view of the developing situation and whether the original grounds remained valid despite the passage of time), whereas the Court did find a violation of this provision in a case in which the pre-trial detention lasted three months (Sinkova v. Ukraine, no. 39496/11, § 74, 27 February 2018, in which the Court observed that, in extending the applicant's detention and rejection her applications for release, the domestic courts mainly referred to the reasoning for her initial placement in detention, without any updated details); in a case concerning a period of pre-trial detention of forty-three days (Krivolapov v. Ukraine, no. 5406/07, §§ 105-108, 2 October 2018, for which the Court noted the absence from the relevant decision of any justification other than the fact that criminal proceedings were pending against the applicant); and in a case in which the pre-trial detention lasted slightly less than two months (Cîrstea v. Romania [Committee], no. 10626/11, §§ 54-59, 23 July 2019, in which the Court found that the domestic courts failed to adduce a proper substantiation for the alleged risks in case of a discontinuation of the applicant's pre-trial detention).
• EGMR, 22.05.1984 - 8805/79

  DE JONG, BALJET ET VAN DEN BRINK c. PAYS-BAS

  Auszug aus EGMR, 09.02.2021 - 10982/15

  The Court reiterates in particular that, while paragraph 1 (c) of Article 5 sets out the grounds on which pre-trial detention may be permissible in the first place (see De Jong, Baljet and Van den Brink v. the Netherlands, 22 May 1984, § 44, Series A no. 77), paragraph 3, which forms a whole with the former provision, lays down certain procedural guarantees, including the rule that detention pending trial must not exceed a reasonable time, thus regulating its length (see Buzadji, cited above, § 86).
• EGMR, 10.11.1969 - 2178/64

  Matznetter ./. Österreich

  Auszug aus EGMR, 09.02.2021 - 10982/15

  An exhaustive list of exceptions to this general rule was set out in Article 67a of the CCP (see paragraph 25 above) and Dutch legislation specified the grounds for pre-trial detention recognised by the Court, namely the risk that the accused would fail to appear for trial (see Stögmüller v. Austria, 10 November 1969, § 15, Series A no. 9); the risk that the accused, if released, would take action to prejudice the administration of justice (see Wemhoff v. Germany, 27 June 1968, § 14, Series A no. 7); commit further offences (see Matznetter v. Austria, 10 November 1969, § 9, Series A no. 10); or cause public disorder (see Letellier v. France, 26 June 1991, § 51, Series A no. 207).
• EGMR, 24.07.2003 - 48183/99

  Auszug aus EGMR, 09.02.2021 - 10982/15

  In exercising its function on this point, the Court has to ensure that the domestic courts" arguments for and against release must not be "general and abstract" (see, for example, Smirnova v. Russia, nos. 46133/99 and 48183/99, § 63, ECHR 2003-IX (extracts)), but contain references to specific facts and the personal circumstances justifying an applicant's detention (see, mutatis mutandis, Panchenko v. Russia, no. 45100/98, § 107, 8 February 2005).
• EGMR, 26.06.1991 - 12369/86

  LETELLIER c. FRANCE
• EGMR, 26.04.2016 - 12301/12

  MERCEP v. CROATIA
• EGMR, 09.01.2003 - 38822/97

  Recht auf Freiheit und Sicherheit (zur Wahrnehmung richterlicher Aufgaben …
• EGMR, 10.11.1969 - 1602/62

  Stögmüller ./. Österreich
• EGMR, 27.06.1968 - 2122/64

  Wemhoff ./. Deutschland
• EGMR, 06.04.2000 - 26772/95

  LABITA c. ITALIE
• EGMR, 05.07.2007 - 28831/04

  KANZI v. THE NETHERLANDS
• EGMR, 22.05.2012 - 5826/03

  IDALOV c. RUSSIE
• EGMR, 02.10.2018 - 5406/07

  KRIVOLAPOV v. UKRAINE

• EGMR, 19.09.2023 - 1277/22

  LÄHTEENMÄKI v. FINLAND

  Both the District Court and the Court of Appeal referred to the specific circumstances of the applicant's case and explicitly addressed his arguments (contrast, for example, Maassen v. Netherlands, no. 10982/15, § 64, 9 February 2021).