R.A. v. RUSSIA - 2592/17 (Judgment : Article 5 - Right to liberty and security : Third Section Committee) [2019] ECHR 538 (09 July 2019)

R.A. v. RUSSIA - 2592/17 (Judgment : Article 5 - Right to liberty and security : Third Section Committee) [2019] ECHR 538 (09 July 2019)

The Court found a violation of Article 5 § 4 due to excessive delay in appeal proceedings regarding detention, and a violation of Article 34 due to the Russian authorities' failure to comply with the interim measure indicated by the Court under Rule 39. The complaint under Article 3 was struck out as there was no evidence the applicant was subjected to ill-treatment or prevented from raising such a claim after removal.

Citation
[2019] ECHR 538
Parties
Applicant: R. A.; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
09 July 2019
Procedural Posture
Application to the European Court of Human Rights / Judgment After Full Hearing
Outcome
Partial finding of violations; application partly struck out; damages awarded.
Legal Topics
Extradition, Interim Measures, Right to Liberty, Right to Individual Application, Speediness of Judicial Review
Human Rights Law International Law Extradition Interim Measures Right to Liberty Right to Individual Application Speediness of Judicial Review

Case Brief

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Parties

R. A.

Applicant

Russian Federation

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the applicant's removal to Uzbekistan violated Article 3 of the Convention (prohibition of torture and inhuman or degrading treatment)
  2. 2 Whether the length of appeal proceedings violated Article 5 § 4 of the Convention (right to speedy review of detention)
  3. 3 Whether the removal breached interim measures under Rule 39 and Article 34 (right to individual application)

Ratio Decidendi

The Court found a violation of Article 5 § 4 due to excessive delay in appeal proceedings regarding detention, and a violation of Article 34 due to the Russian authorities' failure to comply with the interim measure indicated by the Court under Rule 39. The complaint under Article 3 was struck out as there was no evidence the applicant was subjected to ill-treatment or prevented from raising such a claim after removal.

Court Disposition

Partial finding of violations; application partly struck out; damages awarded.

Orders

  • Dismissed the Government's preliminary objection.
  • Struck out the complaint under Article 3 of the Convention.