Rechtsprechung
| EGMR, 15.01.2009 - 40258/03 |
Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
YUDAYEV v. RUSSIA
(englisch)
Wird zitiert von ... (5) Neu Zitiert selbst (12)
- EGMR, 28.03.2000 - 28358/95
BARANOWSKI v. POLAND
Auszug aus EGMR, 15.01.2009 - 40258/03
The detention of a person for several months on the sole ground that the case has been transmitted to the court cannot be considered "lawful" within the meaning of Article 5 § 1 of the Convention and is in itself incompatible with the principle of legal certainty, which is one of the common threads of the rule of law (see Baranowski v. Poland, no. 28358/95, §§ 54-57, ECHR 2000-III; and Jecius v. Lithuania, no. 34578/97, §§ 62 and 63, ECHR 2000-IX).".It has held that the practice of keeping defendants in detention without a specific legal basis or clear rules governing their situation - with the result that they may be deprived of their liberty for an unlimited period without judicial authorisation - is 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 Fursenko v. Russia, no. 26386/02, §§ 77-79, 24 April 2008; Lebedev v. Russia, no. 4493/04, §§ 52-59, 25 October 2007; Melnikova v. Russia, no. 24552/02, §§ 53-56, 21 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 86-93, 1 March 2007; Korchuganova v. Russia, no. 75039/01, §§ 55-59, 8 June 2006; Nakhmanovich v. Russia, no. 55669/00, §§ 67-68, 2 March 2006; Khudoyorov, cited above, §§ 144-151; Jecius v. Lithuania, no. 34578/97, §§ 60-64, ECHR 2000-IX; and Baranowski v. Poland, no. 28358/95, §§ 53-58, ECHR 2000-III).
- EGMR, 01.03.2007 - 72967/01
BELEVITSKIY v. RUSSIA
Auszug aus EGMR, 15.01.2009 - 40258/03
It has held that the practice of keeping defendants in detention without a specific legal basis or clear rules governing their situation - with the result that they may be deprived of their liberty for an unlimited period without judicial authorisation - is 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 Fursenko v. Russia, no. 26386/02, §§ 77-79, 24 April 2008; Lebedev v. Russia, no. 4493/04, §§ 52-59, 25 October 2007; Melnikova v. Russia, no. 24552/02, §§ 53-56, 21 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 86-93, 1 March 2007; Korchuganova v. Russia, no. 75039/01, §§ 55-59, 8 June 2006; Nakhmanovich v. Russia, no. 55669/00, §§ 67-68, 2 March 2006; Khudoyorov, cited above, §§ 144-151; Jecius v. Lithuania, no. 34578/97, §§ 60-64, ECHR 2000-IX; and Baranowski v. Poland, no. 28358/95, §§ 53-58, ECHR 2000-III).Having regard to the above, the Court considers that the present case is different from many Russian cases where a violation of Article 5 § 3 was found because the domestic courts had extended an applicant's detention relying essentially on the gravity of the charges and using stereotyped formulae without addressing specific facts or considering alternative preventive measures (see, among many others, Belevitskiy v. Russia, no. 72967/01, §§ 99 et seq., 1 March 2007; Khudobin v. Russia, no. 59696/00, §§ 103 et seq., ECHR 2006-... (extracts); and Mamedova v. Russia, no. 7064/05, §§ 72 et seq., 1 June 2006).
- EGMR, 31.07.2000 - 34578/97
JECIUS v. LITHUANIA
Auszug aus EGMR, 15.01.2009 - 40258/03
The detention of a person for several months on the sole ground that the case has been transmitted to the court cannot be considered "lawful" within the meaning of Article 5 § 1 of the Convention and is in itself incompatible with the principle of legal certainty, which is one of the common threads of the rule of law (see Baranowski v. Poland, no. 28358/95, §§ 54-57, ECHR 2000-III; and Jecius v. Lithuania, no. 34578/97, §§ 62 and 63, ECHR 2000-IX).".It has held that the practice of keeping defendants in detention without a specific legal basis or clear rules governing their situation - with the result that they may be deprived of their liberty for an unlimited period without judicial authorisation - is 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 Fursenko v. Russia, no. 26386/02, §§ 77-79, 24 April 2008; Lebedev v. Russia, no. 4493/04, §§ 52-59, 25 October 2007; Melnikova v. Russia, no. 24552/02, §§ 53-56, 21 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 86-93, 1 March 2007; Korchuganova v. Russia, no. 75039/01, §§ 55-59, 8 June 2006; Nakhmanovich v. Russia, no. 55669/00, §§ 67-68, 2 March 2006; Khudoyorov, cited above, §§ 144-151; Jecius v. Lithuania, no. 34578/97, §§ 60-64, ECHR 2000-IX; and Baranowski v. Poland, no. 28358/95, §§ 53-58, ECHR 2000-III).
- EGMR, 15.11.2005 - 67175/01
REINPRECHT c. AUTRICHE
Auszug aus EGMR, 15.01.2009 - 40258/03
Although it is not always necessary that the procedure under Article 5 § 4 be attended by the same guarantees as those required under Article 6 § 1 of the Convention for criminal or civil litigation, it must have a judicial character and provide guarantees appropriate to the kind of deprivation of liberty in question (see Reinprecht v. Austria, no. 67175/01, § 31, ECHR 2005-...., with further references). - EGMR, 02.03.2006 - 55669/00
NAKHMANOVICH v. RUSSIA
Auszug aus EGMR, 15.01.2009 - 40258/03
It has held that the practice of keeping defendants in detention without a specific legal basis or clear rules governing their situation - with the result that they may be deprived of their liberty for an unlimited period without judicial authorisation - is 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 Fursenko v. Russia, no. 26386/02, §§ 77-79, 24 April 2008; Lebedev v. Russia, no. 4493/04, §§ 52-59, 25 October 2007; Melnikova v. Russia, no. 24552/02, §§ 53-56, 21 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 86-93, 1 March 2007; Korchuganova v. Russia, no. 75039/01, §§ 55-59, 8 June 2006; Nakhmanovich v. Russia, no. 55669/00, §§ 67-68, 2 March 2006; Khudoyorov, cited above, §§ 144-151; Jecius v. Lithuania, no. 34578/97, §§ 60-64, ECHR 2000-IX; and Baranowski v. Poland, no. 28358/95, §§ 53-58, ECHR 2000-III). - EGMR, 01.06.2006 - 7064/05
MAMEDOVA v. RUSSIA
Auszug aus EGMR, 15.01.2009 - 40258/03
Having regard to the above, the Court considers that the present case is different from many Russian cases where a violation of Article 5 § 3 was found because the domestic courts had extended an applicant's detention relying essentially on the gravity of the charges and using stereotyped formulae without addressing specific facts or considering alternative preventive measures (see, among many others, Belevitskiy v. Russia, no. 72967/01, §§ 99 et seq., 1 March 2007; Khudobin v. Russia, no. 59696/00, §§ 103 et seq., ECHR 2006-... (extracts); and Mamedova v. Russia, no. 7064/05, §§ 72 et seq., 1 June 2006). - EGMR, 08.06.2006 - 75039/01
KORCHUGANOVA v. RUSSIA
Auszug aus EGMR, 15.01.2009 - 40258/03
It has held that the practice of keeping defendants in detention without a specific legal basis or clear rules governing their situation - with the result that they may be deprived of their liberty for an unlimited period without judicial authorisation - is 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 Fursenko v. Russia, no. 26386/02, §§ 77-79, 24 April 2008; Lebedev v. Russia, no. 4493/04, §§ 52-59, 25 October 2007; Melnikova v. Russia, no. 24552/02, §§ 53-56, 21 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 86-93, 1 March 2007; Korchuganova v. Russia, no. 75039/01, §§ 55-59, 8 June 2006; Nakhmanovich v. Russia, no. 55669/00, §§ 67-68, 2 March 2006; Khudoyorov, cited above, §§ 144-151; Jecius v. Lithuania, no. 34578/97, §§ 60-64, ECHR 2000-IX; and Baranowski v. Poland, no. 28358/95, §§ 53-58, ECHR 2000-III). - EGMR, 21.06.2007 - 24552/02
MELNIKOVA v. RUSSIA
Auszug aus EGMR, 15.01.2009 - 40258/03
It has held that the practice of keeping defendants in detention without a specific legal basis or clear rules governing their situation - with the result that they may be deprived of their liberty for an unlimited period without judicial authorisation - is 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 Fursenko v. Russia, no. 26386/02, §§ 77-79, 24 April 2008; Lebedev v. Russia, no. 4493/04, §§ 52-59, 25 October 2007; Melnikova v. Russia, no. 24552/02, §§ 53-56, 21 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 86-93, 1 March 2007; Korchuganova v. Russia, no. 75039/01, §§ 55-59, 8 June 2006; Nakhmanovich v. Russia, no. 55669/00, §§ 67-68, 2 March 2006; Khudoyorov, cited above, §§ 144-151; Jecius v. Lithuania, no. 34578/97, §§ 60-64, ECHR 2000-IX; and Baranowski v. Poland, no. 28358/95, §§ 53-58, ECHR 2000-III). - EGMR, 25.10.2007 - 4493/04
LEBEDEV v. RUSSIA
Auszug aus EGMR, 15.01.2009 - 40258/03
It has held that the practice of keeping defendants in detention without a specific legal basis or clear rules governing their situation - with the result that they may be deprived of their liberty for an unlimited period without judicial authorisation - is 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 Fursenko v. Russia, no. 26386/02, §§ 77-79, 24 April 2008; Lebedev v. Russia, no. 4493/04, §§ 52-59, 25 October 2007; Melnikova v. Russia, no. 24552/02, §§ 53-56, 21 June 2007; Belevitskiy v. Russia, no. 72967/01, §§ 86-93, 1 March 2007; Korchuganova v. Russia, no. 75039/01, §§ 55-59, 8 June 2006; Nakhmanovich v. Russia, no. 55669/00, §§ 67-68, 2 March 2006; Khudoyorov, cited above, §§ 144-151; Jecius v. Lithuania, no. 34578/97, §§ 60-64, ECHR 2000-IX; and Baranowski v. Poland, no. 28358/95, §§ 53-58, ECHR 2000-III). - EGMR, 13.07.1995 - 17977/91
KAMPANIS v. GREECE
Auszug aus EGMR, 15.01.2009 - 40258/03
The possibility for a detainee to be heard either in person or through some form of representation features among the fundamental guarantees of procedure applied in matters of deprivation of liberty (see Kampanis v. Greece, 13 July 1995, § 47, Series A no. 318-B). - EGMR, 06.04.2000 - 26772/95
LABITA c. ITALIE
- EGMR, 26.10.2006 - 59696/00
KHUDOBIN v. RUSSIA
- EGMR, 25.07.2013 - 11082/06
Chodorkowski: Moskauer Prozesse sind unfair
By contrast, the length of appeal proceedings that lasted ten, eleven and sixteen days was found to be compatible with the "speediness" requirement of Article 5 § 4 (see Yudayev v. Russia, no. 40258/03, §§ 84-87, 15 January 2009, and Khodorkovskiy (no. 1), § 247). - EGMR, 02.10.2012 - 14743/11
ABDULKHAKOV v. RUSSIA
This is 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, mutatis mutandis, Yudayev v. Russia, no. 40258/03, § 59, 15 January 2009, and Baranowski v. Poland, no. 28358/95, § 56, ECHR 2000-III). - EGMR, 19.02.2013 - 39786/09
YEFIMOVA v. RUSSIA
In view of the above, the Court concludes that from 3 July to 18 November 2009 the applicant was kept in detention without a specific legal basis or clear rules governing her situation, which is incompatible with the principles of legal certainty and protection from arbitrariness, which are common threads throughout the Convention and the rule of law (see, mutatis mutandis, Yudayev v. Russia, no. 40258/03, § 59, 15 January 2009, and Baranowski v. Poland, no. 28358/95, § 56, ECHR 2000-III). - EGMR, 05.02.2013 - 30225/11
BAKOYEV v. RUSSIA
This is 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, mutatis mutandis, Yudayev v. Russia, no. 40258/03, § 59, 15 January 2009, and Baranowski v. Poland, no. 28358/95, § 56, ECHR 2000-III). - EGMR, 05.02.2013 - 67286/10
ZOKHIDOV v. RUSSIA
In view of the foregoing, the Court concludes that from 14 July to 15 September 2010 the applicant was kept in detention without a specific legal basis or clear rules governing his situation, which fact is 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, mutatis mutandis, Yudayev v. Russia, no. 40258/03, § 59, 15 January 2009, and Baranowski v. Poland, no. 28358/95, § 56, ECHR 2000-III).