GASPAR v. PORTUGAL - 3155/15 (Judgment : No violation of Right to liberty and security - Brought promptly before judge or other officer) French Text [2017] ECHR 1061 (28 November 2017)

GASPAR v. PORTUGAL - 3155/15 (Judgment : No violation of Right to liberty and security - Brought promptly before judge or other officer) French Text [2017] ECHR 1061 (28 November 2017)

Applicant was brought before a judge within 34 hours, satisfying promptness under Article 5 § 3 and national law. The duration of pre-trial detention (over two years) was justified by persistent risks of flight, obstruction, recidivism, and public order, with regular judicial review and consideration of alternative...

Source-derived case information.

Citation
[2017] ECHR 1061
Parties
Applicant: Florbela Gaspar; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
application dismissed
Legal Topics
Right to Liberty and Security, Detention, Prompt Judicial Review, Duration of Pre Trial Detention
Human Rights Criminal Law Right to Liberty and Security Detention Prompt Judicial Review Duration of Pre Trial Detention

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Parties

Florbela Gaspar

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether applicant was brought promptly before a judge after arrest under Article 5 § 3 of the Convention
  2. 2 Whether the duration of pre-trial detention violated Article 5 § 3

Ratio Decidendi

Applicant was brought before a judge within 34 hours, satisfying promptness under Article 5 § 3 and national law. The duration of pre-trial detention (over two years) was justified by persistent risks of flight, obstruction, recidivism, and public order, with regular judicial review and consideration of alternative measures. No violation of Article 5 § 3 occurred.

Court Disposition

application dismissed

Orders

  • Application declared receivable
  • No violation of Article 5 § 3 regarding prompt judicial review