Published on 18 October 2021

FIFTH SECTION

Application no. 15062/21 Vadims TIMOFEJEVS against Latvia lodged on 12 March 2021 communicated on 27 September 2021

SUBJECT MATTER OF THE CASE

The case concerns the applicant’s detention on 27 March 2020 for about two hours in a police car – without an administrative detention report being drawn up – in relation to the administrative-offence proceedings (driving under the influence of alcohol, no. PC414910). By a final decision of 25 September 2020, the Riga Regional Court found that the applicant had committed an offence under Article 149 15 (4) of the Code of Administrative offences. It also held that the applicant could lodge a complaint with “the competent domestic authorities” to complain about the police officers’ actions and to request that the situation be examined. The applicant was imposed a monetary fine in the amount of 1,300 euros (EUR) and his driver’s licence was withdrawn for four years.

The applicant complains under Article 5 § 1 of the Convention that his detention in a police car was unlawful.

QUESTIONS TO THE PARTIES

1. Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?

2. Was the applicant deprived of his liberty on 27 March 2020 in breach of Article 5 § 1 of the Convention? In particular, did the deprivation of liberty on 27 March 2020 fall within paragraph (a), (b), (c), (d), or (e) of this provision (see Zelčs v. Latvia , no. 65367/16, § § 34-41, 51-58, 20 February 2020; Čamans and Timofejeva v. Latvia , no. 42906/12, §§ 121-30, 28 April 2016; and Rozhkov v. Russia (no. 2) , no. 38898/04, §§ 74-97, 31 January 2017)?

3. Was the applicant’s detention on 27 March 2020 ordered “in accordance with a procedure prescribed by law”?