FORTALNOV AND OTHERS v. RUSSIA - 7077/06 (Judgment : Article 5 - Right to liberty and security : Third Section) [2018] ECHR 546 (26 June 2018)

FORTALNOV AND OTHERS v. RUSSIA - 7077/06 (Judgment : Article 5 - Right to liberty and security : Third Section) [2018] ECHR 546 (26 June 2018)

The applicants' unrecorded detention, lacking proper arrest records and procedural safeguards, constituted a grave violation of Article 5 § 1 of the Convention. The absence of judicial review and compensation for such detention violated Article 5 §§ 4 and 5. For two applicants, the excessive and unreasoned length of pre-trial detention violated Article 5 § 3.

Citation
[2018] ECHR 546
Parties
Applicants: Andrey Valeryevich Fortalnov and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
26 June 2018
Procedural Posture
European Court of Human Rights Application (joined Cases) / Final Judgment
Outcome
Applications joined; complaints regarding unrecorded detention, lack of judicial review and compensation, and excessive pre-trial detention declared admissible; violations of Article 5 §§ 1, 3, and 5 found; just satisfaction awarded; remainder of claims dismissed.
Legal Topics
Unrecorded Detention, Right to Liberty and Security, Judicial Review of Detention, Compensation for Unlawful Detention, Excessive Length of Pre Trial Detention
Human Rights Law Criminal Procedure Unrecorded Detention Right to Liberty and Security Judicial Review of Detention Compensation for Unlawful Detention Excessive Length of Pre Trial Detention

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Parties

Andrey Valeryevich Fortalnov and Others

Applicants

Russian Federation

Respondent

Procedural Posture

European Court of Human Rights Application (joined Cases) / Final Judgment

Legal Issues

  1. 1 Whether the applicants' unrecorded detention violated Article 5 § 1 of the Convention
  2. 2 Whether the applicants were denied judicial review and compensation for unrecorded detention (Article 5 §§ 4 and 5)
  3. 3 Whether the length of pre-trial detention for two applicants was excessive (Article 5 § 3)

Ratio Decidendi

The applicants' unrecorded detention, lacking proper arrest records and procedural safeguards, constituted a grave violation of Article 5 § 1 of the Convention. The absence of judicial review and compensation for such detention violated Article 5 §§ 4 and 5. For two applicants, the excessive and unreasoned length of pre-trial detention violated Article 5 § 3.

Court Disposition

Applications joined; complaints regarding unrecorded detention, lack of judicial review and compensation, and excessive pre-trial detention declared admissible; violations of Article 5 §§ 1, 3, and 5 found; just satisfaction awarded; remainder of claims dismissed.

Orders

  • Respondent State to pay applicants specified sums for non-pecuniary damage and, in one case, legal costs within three months, converted to respondent State currency at settlement date rate, plus applicable tax.
  • Default interest at the marginal lending rate of the European Central Bank plus three percentage points from expiry of three months until settlement.