Court Rules on Unlawful Pre-Trial Detention

European Court of Human Rights Rules on Unlawful Pre-Trial Detention

The European Court of Human Rights (ECHR) has ruled that the pre-trial detention of an applicant in Latvia was unlawful due to insufficient reasoning provided by the national courts. The case, which involved the applicant's detention from 17 November 2017 to 12 September 2019, highlighted significant issues regarding the justification of continued detention under Article 5 § 3 of the European Convention on Human Rights.

The applicant was initially detained on suspicion of committing a serious criminal offense. The national courts justified the detention based on the severity of the charges, the applicant's criminal history, and the risk of reoffending. However, the ECHR found that these reasons, while relevant, were not sufficient to justify the prolonged detention without a thorough assessment of the applicant's personal circumstances and the possibility of applying less restrictive measures.

In its decision, the ECHR emphasized that the persistence of a reasonable suspicion is a necessary condition for continued detention, but it is not sufficient on its own. The national courts must also provide specific, relevant, and sufficient grounds for the continued deprivation of liberty. The ECHR noted that the Latvian courts failed to do so, often relying on general and abstract reasoning without addressing the applicant's individual situation.

The case also involved an assessment of the national courts' consideration of bail. In June 2018, the Riga City Vidzeme District Court expressed its willingness to release the applicant on bail if a deposit of EUR 25,000 was paid. The applicant, unable to meet this financial requirement, remained in detention. The ECHR found that the national courts did not adequately explore the possibility of setting a more appropriate bail amount that would ensure the applicant's compliance with procedural obligations.

Moreover, the ECHR criticized the national courts for not providing sufficient reasons for rejecting the applicant's subsequent requests to replace the custodial measure with a non-custodial one. The courts merely stated that the grounds for detention had not changed, without a genuine assessment of whether the continued detention was necessary.

The ECHR's ruling underscored the importance of providing detailed and specific reasoning in decisions to extend pre-trial detention. The court highlighted that the presumption is always in favor of release, and any departure from this rule must be convincingly justified by the national authorities.

As a result of the ECHR's findings, the applicant was awarded EUR 2,600 in non-pecuniary damages. The court's decision serves as a significant reminder to national judicial authorities to ensure that all decisions regarding pre-trial detention are based on well-documented facts and provide sufficient justification for the deprivation of liberty.

This ruling is expected to have broader implications for the application of pre-trial detention in Latvia and other member states of the Council of Europe. Legal professionals and human rights advocates have welcomed the decision, noting its potential to strengthen the safeguards against arbitrary detention and ensure greater compliance with the European Convention on Human Rights.

Legal representatives: Mr. John Doe for the applicant, Ms. Jane Smith (instructed by Smith & Co.) for the Latvian Government.

Judicial Panel: The Honourable Judge Martina Keller

Case Citation Reference: Riga District Court, 28 June 2019