Mooren against Germany - 11364/03 [2011] ECHR 2169 (2 December 2011)

Mooren against Germany - 11364/03 [2011] ECHR 2169 (2 December 2011)

The Court found that the delay in reviewing the lawfulness of the applicant's detention and the denial of timely access to the case file for the applicant's counsel constituted violations of Article 5§4 of the Convention.

Citation
[2011] ECHR 2169
Parties
Applicant: Mooren; Respondent: Germany
Jurisdiction
European Union
Judgment Date
02 December 2011
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment; Post Final Judgment Supervision by Committee of Ministers
Outcome
Case closed; execution of judgment completed.
Legal Topics
Right to Liberty and Security, Review of Lawfulness of Detention, Equality of Arms, Access to Case File
Human Rights Law Criminal Procedure Right to Liberty and Security Review of Lawfulness of Detention Equality of Arms Access to Case File

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Parties

Mooren

Applicant

Germany

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment; Post Final Judgment Supervision by Committee of Ministers

Legal Issues

  1. 1 Whether the applicant's detention was subject to a speedy review as required by Article 5§4 of the Convention
  2. 2 Whether the refusal to grant the applicant's counsel access to the case file violated the principle of equality of arms under Article 5§4

Ratio Decidendi

The Court found that the delay in reviewing the lawfulness of the applicant's detention and the denial of timely access to the case file for the applicant's counsel constituted violations of Article 5§4 of the Convention.

Court Disposition

Case closed; execution of judgment completed.

Orders

  • Payment of just satisfaction to the applicant
  • No further individual measures required