ECtHR Judges rule in favour of the Applicant in Smolik v. Ukraine

On 19th January 2012, in the case of Smolik v. Ukraine 11778/05 [2012] ECHR 99, the European Court of Human Rights awarded the applicant 6000 Euros in respect of non-pecuniary damages based on the violation of Article 5(1) of the European Convention on Human Rights. Following the robbery and murder of a minor, the applicant,14-years-old at the time of the incident, was inside the home at which the incident took place and was arrested and detained. He claimed that he suffered ill treatment in the hands of the authorities and that there was a lack of corpus delicti in the procedure. He was tried and found guilty of aggravated murder and robbery, and was sentenced to 15 years of imprisonment. The Court found his claim of violation of Article 5(1) of the Convention on the right to liberty and security of person admissible based on the fact that the trial court, which ordered his sentence, did not make any assessment as to whether the applicant’s initial detention was lawful. It did not examine whether his procedural rights were ensured within a reasonable amount of time or whether his arrest had been documented.

 


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