Information Note on the Court’s case-law 108

May 2008

Mooren v. Germany (referral) - 11364/03

Judgment 13.12.2007 [Section V]

Article 5

Article 5-1

Lawful arrest or detention

Court orders detention to continue even though it finds the original detention order to be unlawful: case referred to the Grand Chamber

The case concerns the applicant’s complaint about the unlawfulness of his pre-trial detention follo wing his arrest on suspicion of tax evasion. The applicant argued that he had been deprived of his liberty contrary to Article 5 § 1 as the appellate court had ordered his detention to continue even though it considered the original detention order to be u nlawful.

In its Chamber judgment of 13 December 2007, the Court held by five votes to two that there had been no violation of Article 5 § 1 (right to liberty and security).

The Court held unanimously that there had been two violations of Article 5 § 4 on a ccount of the lack of speedy review of the lawfulness of the applicant’s detention and the refusal to grant access to the case files in those review proceedings.

The case was referred to the Grand Chamber at the applicant’s request.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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