ABAD URKIXO v. FRANCE - 45087/10 - Committee Judgment (French text) [2013] ECHR 884 (26 September 2013)

ABAD URKIXO v. FRANCE - 45087/10 - Committee Judgment (French text) [2013] ECHR 884 (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 grounds for detention (risk of flight, seriousness of charges, public order) remained relevant and sufficient, the authorities failed to act with the necessary...

Source-derived case information.

Citation
[2013] ECHR 884
Parties
Applicant: Patxi Abad Urkixo; Respondent: Republic of France
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Committee Judgment
Outcome
Violation of Article 5 § 3 ECHR found; just satisfaction awarded.
Legal Topics
Right to Liberty and Security, Reasonable Time for Trial, Detention Pending Trial, Terrorism
Human Rights Law Criminal Procedure Right to Liberty and Security Reasonable Time for Trial Detention Pending Trial Terrorism

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Parties

Patxi Abad Urkixo

Applicant

Republic of France

Respondent

Procedural Posture

Application Under Article 34 ECHR / Committee Judgment

  1. 1 Whether the applicant's pre-trial detention duration violated Article 5 § 3 of the European Convention on Human Rights

Ratio Decidendi

The Court found that the nearly six-year pre-trial detention was prima facie unreasonable and required particularly strong justification. While the grounds for detention (risk of flight, seriousness of charges, public order) 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 structural delays could not justify the excessive duration, and thus there was a violation of Article 5 § 3.

Court Disposition

Violation of Article 5 § 3 ECHR found; just satisfaction awarded.

Orders

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