A. According to Article 5 of the ECHR (right to liberty and security):
“1. Everyone has the right to liberty and security of person. No one shall be deprived of their liberty save in the following cases and in accordance with a procedure prescribed by law: …5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.”
This Article sets out the fundamental safeguards necessary to ensure the protection of an individual’s right to liberty against arbitrary or unjustified interference. It also establishes the positive obligation of the state not only to refrain from violating these rights, but also to take appropriate measures to protect individuals under its jurisdiction from unlawful infringements of those rights.
For further information on the right to liberty and security, see the Court’s official guide.
B. On 15 October 2024, the European Court of Human Rights delivered its judgment (see 1, 2) in the case of Nsingi v. Greece (application no. 27985/19). The case concerned the rejection of the applicant’s claim for compensation, which he had submitted on the grounds that he had been detained in execution of a sentence imposed on another person, with whom he had been mistakenly identified. Specifically, the applicant, invoking Article 5 paragraphs 1 and 5 of the ECHR, complained that he had been unlawfully detained from 6 June 2018 to 21 November 2018, a total of 168 days, and that he had not received compensation for the unlawful detention he had suffered.
The European Court of Human Rights (ECtHR), noting among other things that:
The Court concluded that there had been a violation of Article 5(1) of the Convention, finding that the applicant’s detention became unlawful on 3 September 2018, the date on which the aforementioned decision was issued.
Furthermore, it found a violation of Article 5(5) of the ECHR, as the applicant had no remedy available to seek compensation for the violation of Article 5(1) that he had suffered (see paragraphs 55–71 of the judgment)
Respect for fundamental rights is one of the core pillars of the rule of law. These rights, which every individual should enjoy, are enshrined in—among other instruments— the European Convention on Human Rights (ECHR). It is a primary and unequivocal obligation of the state to uphold them.
In the case of Nsingi v. Greece, the European Court of Human Rights (ECtHR) found a violation of Article 5(1 and 5) of the ECHR by the Greek authorities. The applicant had been unlawfully deprived of his liberty from 3 September to 21 November 2018, and had no effective remedy available to seek compensation for the violation of Article 5(1) that he had suffered.
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