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WyrokETPCz2019-03-26
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy warunki i legalność ponad 18-miesięcznej detencji imigracyjnej naruszyły art. 3 i art. 5 ust. 1 Konwencji? Czy prawie pięcioletnie tymczasowe aresztowanie naruszyło prawo do wolności i bezpieczeństwa osobistego z art. 5 ust. 3 Konwencji? Czy umieszczenie oskarżonego w metalowej klatce podczas rozprawy karnej stanowiło nieludzkie lub poniżające traktowanie w rozumieniu art. 3 Konwencji?Ratio decidendi
W sprawie Haghilo Trybunał uznał, że warunki detencji w obiektach policyjnych nieprzystosowanych do długotrwałego przetrzymywania oraz fakt, że detencja trwała ponad 18 miesięcy bez skutecznego środka zaskarżenia, stanowiły naruszenie art. 3 i art. 5 ust. 1. W sprawie Velečka i Inni Trybunał stwierdził, że długość tymczasowego aresztowania, trwającego prawie pięć lat, była nadmierna i nieuzasadniona, naruszając art. 5 ust. 3. W sprawie Valyuzhenich Trybunał orzekł, że przetrzymywanie oskarżonego w metalowej klatce w sali sądowej, uniemożliwiające mu sporządzanie notatek i swobodną komunikację z adwokatem, stanowiło poniżające traktowanie w rozumieniu art. 3.Stan faktyczny
Mustafa Haghilo, obywatel Iranu, został zatrzymany na Cyprze po nielegalnym wjeździe i próbie wylotu na fałszywym paszporcie. Był przetrzymywany w areszcie deportacyjnym w trzech różnych posterunkach policji przez ponad 18 miesięcy w nieodpowiednich warunkach. Saulius Velečka, Norbertas Tučkus, Audrius Petkauskas i Tadas Petrošius, obywatele Litwy, byli przetrzymywani w areszcie tymczasowym przez prawie pięć lat w związku z zarzutami dotyczącymi przestępczości zorganizowanej i narkotyków. Michaił Valyuzhenich, obywatel Rosji, był przetrzymywany w metalowej klatce w sali sądowej podczas 16 rozpraw w sprawie karnej o handel narkotykami, co uniemożliwiało mu sporządzanie notatek i swobodną komunikację z adwokatem.Rozstrzygnięcie
W sprawie Haghilo v. Cyprus: stwierdza naruszenie art. 3 i art. 5 § 1 Konwencji. W sprawie Velečka and Others v. Lithuania: stwierdza naruszenie art. 5 § 3 Konwencji. W sprawie Valyuzhenich v. Russia: stwierdza naruszenie art. 3 Konwencji. W sprawie Gümrükçüler and Others v. Turkey: decyduje o rewizji wyroku z 21 listopada 2017 r. w zakresie stosowania art. 41 Konwencji. W sprawie Kar v. Turkey: decyduje o rewizji wyroku z 21 listopada 2017 r. w zakresie stosowania art. 41 Konwencji.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 105 (2019)
26.03.2019
Judgments of 26 March 2019
The European Court of Human Rights has today notified in writing 12 judgments1:
five Chamber judgments are summarised below; a separate press release has been issued for one
Chamber judgment in the case of Berdzenishvili and Others v. Russia (applications nos. 14594/07,
14597/07, 14976/07, 14978/07, 15221/07, 16369/07, and 16706/07) – just satisfaction;
a separate press release has also been issued for one Committee judgment in the case of Anoshina v.
Russia (no. 45013/05);
five other Committee judgments, concerning issues which have already been submitted to the Court,
can be consulted on Hudoc and do not appear in this press release.
The judgments in French below are indicated with an asterisk (*).
Haghilo v. Cyprus (application no. 47920/12)
The applicant, Mustafa Haghilo, is an Iranian national who was born in 1973 and is currently living in
Armenia.
The case concerned his detention pending deportation for over 18 months in three Cypriot police
stations.
Mr Haghilo left Iran in March 2011 and entered Cyprus unlawfully. Shortly after, he was arrested at
Larnaca airport when trying to take a flight to London on a forged passport and was placed in
detention.
In April 2011 the Ministry of the Interior informed him of a decision to deport him because he was
an illegal immigrant. From then, he was kept in holding facilities for immigration detainees at three
different police stations. He was released in October 2012 because he had not been deported within
the 18-month time-limit under the relevant European Union directive, as transposed into domestic
law.
He had previously been briefly released after a court hearing by the Supreme Court in December because it found that his detention had been unlawful as of October 2011, but was
immediately rearrested when leaving the court and detained on the same grounds as the previous
deportation orders against him.
Mr Haghilo challenged the lawfulness of the new detention and deportation orders with the
Supreme Court, but his recourse was dismissed in July 2012. The Supreme Court upheld that
judgment in 2018 on appeal, noting that he had in the meantime left Cyprus for Armenia of his own
free will and no longer had any legitimate interest in pursuing his appeal.
Relying in particular on Article 3 (prohibition of inhuman or degrading treatment) of the European
Convention on Human Rights, Mr Haghilo complained that he had been held in inadequate
conditions in facilities which had not been designed for prolonged detention.
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a
panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and
deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the
Convention, judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
Also relying, in particular, on Article 5 § 1 (right to liberty and security), he alleged that his detention
from April 2011 to October 2012 had been unlawful and that he had not had an effective remedy at
his disposal to challenge the lawfulness of his detention.
Violation of Article 3 (degrading treatment) – concerning the conditions of detention
Violation of Article 5 § 1
Just satisfaction: 30,000 euros (EUR) for non-pecuniary damage and EUR 4,124 for costs and
expenses
Velečka and Others v. Lithuania (nos. 56998/16, 58761/16, 60072/16, and
72001/16)
The applicants, Saulius Velečka, Norbertas Tučkus, Audrius Petkauskas, and Tadas Petrošius, are
Lithuanian nationals who were born in 1971, 1975, 1974, and 1981 respectively. They are currently
serving prison sentences in Marijampolė and Kybartai Correctional Facilities (Lithuania) for their
involvement in organised crime and drugs offences.
The case principally concerned the four applicants’ complaints about their pre-trial detention for
almost five years.
They were arrested in January 2013 on suspicion of possessing and distributing large amounts of
narcotic and psychotropic substances via organised crime.
They were placed in detention on remand, which was extended every two or three months by the
courts because of the risk of the applicants absconding and/or reoffending. The courts based these
decisions on the seriousness of the charges against them, taking into account any prior convictions
or connections abroad and whether they were unemployed. During the pre-trial investigation, which
lasted for almost a year and six months, the courts also relied on the need to carry out additional
investigative actions, which included multiple requests for assistance from abroad to obtain
evidence.
Their case was sent for trial in July 2014. Following 41 hearings involving 13 accused and 85
witnesses and including numerous adjournments or cancellations mainly for procedural reasons, the
applicants were convicted in December 2017 of, in particular, organising or leading a criminal
organisation and various drugs offences. Mr Velečka was sentenced to 14 years and six months’
imprisonment, while the other three applicants were given 13-year sentences.
The proceedings are still pending on appeal.
Relying in particular on Article 5 § 3 (right to liberty and security/entitlement to trial within a
reasonable time or to release pending trial), the applicants complained that the length of their
pre-trial detention had been excessive.
Violation of Article 5 § 3
Just satisfaction: EUR 6,600 to each of the applicants for non-pecuniary damage
Valyuzhenich v. Russia (no. 10597/13)
The applicant, Mikhail Valyuzhenich, is a Russian national who was born in 1985 and is currently
detained in St Petersburg (Russia).
The case concerned his complaint about his confinement in a metal cage during criminal proceedings
against him.
In March 2012 the Sovetskiy District Court of Kazan found the applicant guilty of involvement in
large-scale drug dealing. During the trial, which consisted of 16 hearings, Mr Valyuzhenich was
confined in a metal cage in the courtroom. There was no desk inside the cage, which made it
impossible for him to take notes during the hearings. His lawyer could only approach him with the
court’s permission. Any conversations between them had to take place in the presence of the
guards.
The Supreme Court of the Tatarstan Republic upheld Mr Valyuzhenich’s conviction on appeal. In the
hearing he participated by video-conference. He was placed behind a metal partition in the remand
prison where he was being detained and communicated with the judges via a video-link.
Relying in particular on Article 3 (prohibition of inhuman or degrading treatment), Mr Valyuzhenich
complained that his confinement in a metal cage during the criminal proceedings against him had
violated his rights.
Violation of Article 3 (degrading treatment) – concerning Mr Valyuzhenich’s confinement in a metal
cage during the criminal proceedings
Just satisfaction: EUR 7,500 (non-pecuniary damage)
Revision
Gümrükçüler and Others v. Turkey (no. 9580/03)
The 34 applicants are Turkish nationals who were born between 1922 and 1996 and live in Turkey.
The case concerned the annulment of titles to land belonging to the applicants and the registration
of the land in the name of the State Treasury, without payment of compensation, on the grounds
that the land had previously been part of the public forest estate.
Relying on Article 1 of Protocol No. 1 (protection of property) and Article 6 § 1 (right to a fair hearing
within a reasonable time), the applicants complained about being deprived of their plots of land,
classified as forest areas, without compensation. They also complained about the length of the
proceedings.
In its principal judgment of 26 January 2010 the Court held that there had been a violation of
Article 1 of Protocol No. 1 and of Article 6 § 1.
In a judgment on just satisfaction delivered on 7 February 2017 the Court decided to award the
applicants jointly 17,000 euros (EUR) for the non-pecuniary damage sustained on account of the
violation of Article 1 of Protocol No. 1, and EUR 2,500 in respect of costs and expenses.
On 23 August 2017, under Rule 80 of the Rules of Court, the applicants’ representative lodged a
request for revision of the judgment on just satisfaction. He requested that the names of five
applicants who had died, and the heir of one of the applicants who had died previously, be replaced
by the names of their legal heirs.
In its judgment today the Court decided to revise its judgments of 21 November 2017 in so far as it
concerns the application of Article 41 (just satisfaction) of the Convention. For further details, please
see the full text of the judgment.
Revision
Kar v. Turkey (no. 25257/05)*
The applicant, Hasan Kar, is a Turkish national who was born in 1946 and lives in Trabzon. He
complained of the annulment of his title to a plot of land and its transfer to the State Treasury
without compensation. He relied on Article 1 of Protocol No. 1 (protection of property).
In its principal judgment of 29 March 2011 the Court found a violation of that provision.
In its judgment of 21 November 2017 on just satisfaction the Court decided to strike out the part of
the application concerning Mr Kar’s claim for compensation in respect of pecuniary damage. It also
held that Turkey was to pay the applicant EUR 5,000 in respect of non-pecuniary damage.
On 9 April 2018 the representative of the applicant’s heirs informed the Court that the applicant had
died on 22 December 2016. Under Rule 80 of the Rules of Court he requested that the judgment on
just satisfaction be revised and that the applicant’s name be replaced by the names of his heirs.
In its judgment today the Court decided to revise its judgment of 21 November 2017 in so far as it
concerns the application of Article 41 (just satisfaction) of the Convention and held that Turkey was
to pay Mr Kar’s heirs, namely Keziban Kar, Derya Deniz, Mustafa Kar, Birol Kar and Necmettin Kar,
jointly, EUR 5,000 for non-pecuniary damage.
This press release is a document produced by the Registry. It does not bind the Court. Decisions,
judgments and further information about the Court can be found on www.echr.coe.int. To receive
the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter
@ECHR_Press.
Press contacts
[email protected] | tel: +33 3 90 21 42 08
Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)
Denis Lambert (tel: + 33 3 90 21 41 09)
Inci Ertekin (tel: + 33 3 90 21 55 30)
Patrick Lannin (tel: + 33 3 90 21 44 18)
Somi Nikol (tel: + 33 3 90 21 64 25)
The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member
States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 14.07.2026. · Źródło