ALMANDOZ ERVITI v. FRANCE - 45077/10 - Committee Judgment (French text) [2013] ECHR 885 (26 September 2013)

ALMANDOZ ERVITI v. FRANCE - 45077/10 - Committee Judgment (French text) [2013] ECHR 885 (26 September 2013)

The Court found that the nearly six-year pre-trial detention was prima facie unreasonable and required particularly strong justification. While the reasons for detention remained relevant and sufficient, the authorities failed to act with the necessary promptness, especially regarding the two-year delay attributable...

Source-derived case information.

Citation
[2013] ECHR 885
Parties
Applicant: Jose Miguel Almandoz Erviti; Respondent: French Government
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
violation found
Legal Topics
Unreasonable Length of Pre Trial Detention, Right to Liberty and Security, Violation of Article 5 § 3 of the European Convention on Human Rights
Human Rights Law Criminal Procedure Unreasonable Length of Pre Trial Detention Right to Liberty and Security Violation of Article 5 § 3 of the European Convention on Human Rights

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Parties

Jose Miguel Almandoz Erviti

Applicant

French Government

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether the applicant's pre-trial detention was of unreasonable duration in violation of Article 5 § 3 of the Convention

Ratio Decidendi

The Court found that the nearly six-year pre-trial detention was prima facie unreasonable and required particularly strong justification. While the reasons for detention remained relevant and sufficient, the authorities failed to act with the necessary promptness, especially regarding the two-year delay attributable to the backlog of the special assize court. The Court held that such systemic delays could not justify the excessive duration, and thus there was a violation of Article 5 § 3 of the Convention.

Court Disposition

violation found

Orders

  • The respondent State must pay the applicant 5,000 EUR for non-pecuniary damage within three months, plus any tax due.
  • The respondent State must pay the applicant 2,000 EUR for costs and expenses within three months, plus any tax due.