I incorrectly predicted that there was a violation of human rights in GOMES COSTA v. PORTUGAL.

Information

  • Judgment date: 2025-02-25
  • Communication date: 2021-03-16
  • Application number(s): 34916/16
  • Country:   PRT
  • Relevant ECHR article(s): 5, 5-1, 5-3, 5-5, 6, 6-2
  • Conclusion:
    Remainder inadmissible (Art. 35) Admissibility criteria
    (Art. 35-3-a) Manifestly ill-founded
    (Art. 35-3-a) Ratione materiae
    No violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention
    Reasonableness of pre-trial detention)
    No violation of Article 6 - Right to a fair trial (Article 6-2 - Presumption of innocence)
  • Result: No violation
    • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.662536
  • Prediction: Violation

  • Inconsistent


Legend

 In line with the court's judgment
 In opposition to the court's judgment
Darker color: higher probability
: In line with the court's judgment  
: In opposition to the court's judgment

Communication text used for prediction

Published on 6 April 2021 The application concerns the applicant’s pre-trial detention (prisão preventiva) at the prison of the judicial police of Porto between 15 December 2010 and 6 September 2011.
It also concerns the civil proceedings lodged by the applicant with the District Court of Póvoa de Varzim in which he claimed compensation for his allegedly unlawful detention.
Without relying on any provisions of the Convention, the applicant complains that his pre-trial detention was unjustified and lengthy and that he was not awarded any compensation.
The complaint raises issues under Article 5 §§ 1, 3 and 5 of the Convention.
Relying on Article 6 § 2 of the Convention, the applicant complains that the decision of the domestic courts rejecting his claim for compensation for his unlawful detention breached the presumption of innocence.

Judgment