AMUUR v. FRANCE View

Notes

Date	25/06/1996
AppNr	19776/92
Body	Court (Chamber)
Type	Judgment (Merits and Just Satisfaction)
Articles	34; 41; 5-1
Violated / NonViolated	5-1
Citations	23455-15-1-c5-1-e5-1-f5-25-35-45-566-16-26-3-c6-3-d77-18101113141834P1-1P1-3P4-2P7-1235-15-1-a5-1-c5-1-f5-25-35-45-56-17810131434P1-1P1-3

Conclusions:

Costs and expenses partial award - Convention proceedings
Costs and expenses partial award - domestic proceedings
Non-pecuniary damage - finding of violation sufficient
Preliminary objection rejected (victim)
Violation of Art. 5-1

Keywords:

(art. 34) victim
(art. 5-1) deprivation of liberty
(art. 5-1) lawful arrest or detention
(art. 5-1) procedure prescribed by law

ECHR Notes

Originating Body	Court (Chamber)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports 1996-III
Language	ENGLISH;BULGARIAN;FRENCH
Application Number	19776/92
Importance Level	1
Represented by	N/A
Respondent State	France
Referred by	Commission
Date of Reference	01/03/1995
Date of Judgment	25/06/1996
Applicability	Art. 5-1 applicable
Conclusion	Preliminary objection rejected (victim) ; Violation of Art. 5-1 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings
Articles	5-1 ; 34 ; 41
Rules of Court	A
Separate Opinions	No
Law at Issue	Decree no. 82-442 of 27 May 1982, Article 12 ; Circular from the Minister of the Interior (unpublished) of 26 June 1990 ; Ordinance no. 45-2658 of 2 November 1945, Articles 5 third paragraph, 35 bis, 35 quater ; Law no. 89-548 of 2 August 1989 ; Law of 6 September 1991 amending the Ordinance of 2 November 1945, section 8
Strasbourg Case Law	Guzzardi v. Italy judgment of 6 November 1980, Series A no. 39, p. 33, para. 92 ; Malone v. the United Kingdom judgment of 2 August 1984, Series A no. 82, p. 32, para. 67 ; Lüdi v. Switzerland judgment of 15 June 1992, Series A no. 238, p. 18, para. 34 ; Kolompar v. Belgium judgment of 24 September 1992, Series A no. 235-C ; Kemmache v. France (no. 3) judgment of 24 November 1994, Series A no. 296-C, pp. 19-20, para. 42
External Sources	Constitution, Articles 61 and 66 ; Constitution of 27 October 1946 (incorporated into that of 4 October 1958), paragraph 4 of the preamble ; New Code of Civil Procedure, Article 435 ; Law of 25 July 1952, section 5 (b) ; Law no. 92-625 of 6 July 1992 ; Decree no. 92-1333 of 15 December 1992 ; Law no. 94-1136 of 27 December 1994 amending Law no. 92-625 ; Decree no. 95-507 of 2 May 1995 ; Circular from the Prime Minister of 17 May 1985 ; Constitutional Council, decision of 25 February 1992 ; Paris tribunal de grande instance, judgment of 25 March 1992 ; Geneva Convention of 28 July 1951 relating to the Status of Refugees, Articles 1, 31-1, 33-1 ; Statute of the United Nations High Commissioner for Refugees, paragraph 68 ; Parliamentary Assembly of the Council of Europe, report of 12 September 1991 on the arrival of asylum-seekers at European airports ; European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ("the CPT"), report of 4 June 1992 ; Information supplied by the French Government to the CPT on 19 January 1993 ; Committee of Ministers of the Council of Europe, Resolution (73) 5 on Standard Minimum Rules for the Treatment of Prisoners ; Committee of Ministers of the Council of Europe, Recommendation no. R (94) 5 of 21 June 1994 on guidelines to inspire practices of the member States of the Council of Europe concerning the arrival of asylum-seekers at airports
Keywords	"(Art. 34) VICTIM" "(Art. 5-1) DEPRIVATION OF LIBERTY" "(Art. 5-1) LAWFUL ARREST OR DETENTION" "(Art. 5-1) PROCEDURE PRESCRIBED BY LAW"

Application Documents 1

BARIR ET AMUUR contre la FRANCE

Commission (Plenary) Decision

18/10/1993

References 3

	23 KOLOMPAR v. BELGIUM 5-1, 5-4 Court (Chamber) Judgment (Merits)	24/09/1992
	98 MALONE v. THE UNITED KINGDOM 8 Court (Plenary) Judgment (Merits)	02/08/1984
	210 GUZZARDI v. ITALY 5-1, 3, 6, 9, 8 Court (Plenary) Judgment (Merits and Just Satisfaction)	06/11/1980

Citations Breakdown

1–10 of 433

Citations 433

	O. H. v. GERMANY 5-1, 7-1 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	24/11/2011
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	ANDREYEV v. ESTONIA 6-1 Court (First Section) Judgment (Merits and Just Satisfaction)	22/11/2011
	LONGA YONKEU v. LATVIA 5-1-f, 5-1-f Court (Third Section) Judgment (Merits and Just Satisfaction)	15/11/2011
	MOKALLAL v. UKRAINE 5-1, 5-1 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	10/11/2011
	LOKPO AND TOURE v. HUNGARY 5-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	20/09/2011
	SHISHKIN v. RUSSIA 3, 6-3-c, 6-1, 3 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	07/07/2011
	AVRAM AND OTHERS v. MOLDOVA 8 Court (Third Section) Judgment (Merits and Just Satisfaction)	05/07/2011
	1 SEBALJ v. CROATIA 5-1, 5-4, 6-1, 6-3-c Court (First Section) Judgment (Merits and Just Satisfaction)	28/06/2011
	KRNJAK v. CROATIA 5-4, 5-1 Court (First Section) Judgment (Merits and Just Satisfaction)	28/06/2011

ECHR CaseLaw

AMUUR v. FRANCE View

Notes

ECHR Notes

Application Documents 1

References 3

Citations Breakdown

Citations 433

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