I correctly predicted that there was a violation of human rights in BÍRÓ v. UKRAINE.
- Judgment date: 2022-09-20
- Communication date: 2020-12-04
- Application number(s): 77948/13
- Country: UKR
- Relevant ECHR article(s): 3, 5, 5-1-c, 5-2, 5-3, 6, 6-1, 13, 14
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment
Inhuman treatment) (Substantive aspect)
Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly)
- Result: Violation SEE FINAL JUDGMENT
- Probability: 0.89085
- Prediction: Violation
Communication text used for prediction
The application concerns the applicant’s allegations under Article 5 of the Convention regarding the unlawfulness of his arrest and further detention.
The applicant, a Hungarian national, complains under Article 5 § 1 of the Convention that: - on 10 June 2011 he was arrested by the police on suspicion of drug trafficking, and that his arrest was formally documented on 11 June 2011.
On 14 June 2011 the court ordered his detention on remand; - he has spent 4 days in detention without a court order, whereas the domestic legislation allows detention of a suspect without a court order up to 72 hours from the moment of arrest; - his pre-trial detention ordered by the court expired on 25 June 2013 and it was extended for a further term on 16 July 2013; therefore his detention between 25 June and 16 July 2013 was unlawful as it was not covered by a court order.
The application furthermore concerns the applicant’s complaint under Article 5 § 3 of the Convention that his detention from 10 June 2011 to 23 December 2013 was unjustified as the courts had failed to provide relevant and sufficient reasons for that.