SCOTT v. SPAIN View

Notes

Date	18/12/1996
AppNr	21335/93
Body	Court (Chamber)
Type	Judgment (Merits and Just Satisfaction)
Articles	35-1; 41; 5-1; 5-3
Violated / NonViolated	5-35-1
Citations	2355-15-1-c5-1-f5-25-35-45-56-16-26-3-c813P1-32355-15-35-45-510

Conclusions:

Costs and expenses partial award - Convention proceedings
No violation of Art. 5-1
Non-pecuniary damage - finding of violation sufficient
Preliminary objection rejected (non-exhaustion of domestic remedies)
Violation of Art. 5-3

Keywords:

(art. 35-1) exhaustion of domestic remedies
(art. 5-1) deprivation of liberty
(art. 5-1) lawful arrest or detention
(art. 5-1) procedure prescribed by law
(art. 5-1-c) reasonable suspicion
(art. 5-1-c) reasonably necessary to prevent fleeing
(art. 5-1-f) extradition
(art. 5-3) length of pre-trial detention
(art. 5-3) release pending trial
(art. 5-3) trial within a reasonable time
jurisdiction of the court

ECHR Notes

Originating Body	Court (Chamber)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports 1996-VI
Language	ENGLISH;FRENCH
Application Number	21335/93
Importance Level	2
Represented by	N/A
Respondent State	Spain
Referred by	Commission
Date of Reference	18/09/1995
Date of Judgment	18/12/1996
Conclusion	Preliminary objection rejected (non-exhaustion of domestic remedies) ; No violation of Art. 5-1 ; Violation of Art. 5-3 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings
Articles	5-1 , 5-3 , 35-1 , 41
Rules of Court	A
Separate Opinions	Yes
Law at Issue	Code of Criminal Procedure, Articles 503, 504 and 528 para 1 ; Extradition Act 1985, section 19 (2) ; Extradition Treaty between the United Kingdom and the Kingdom of Spain of 22 July 1985, Article 18
Strasbourg Case Law	Wemhoff v. Germany judgment of 27 June 1968, Series A no. 7, p. 24, para. 10 ; Bouamar v. Belgium judgment of 29 February 1988, Series A no. 129, p. 21, para. 49 ; Kamasinski v. Austria judgment of 19 December 1989, Series A no. 168, p. 30, para. 59 ; Van der Leer v. the Netherlands judgment of 21 February 1990, Series A no. 170-A, p. 13, para. 27 ; Letellier v. France judgment of 26 June 1991, Series A no. 207, p. 18, para. 35 ; Tomasi v. France judgment of 27 August 1992, Series A no. 241-A, p. 35, para. 89 ; Kolompar v. Belgium judgment of 24 September 1992, Series A no. 235-C, p. 56, para. 40 ; Quinn v. France judgment of 22 March 1995, Series A no. 311, pp. 19-20, para. 48 ; Van der Tang v. Spain judgment of 13 July 1995, Series A no. 321, pp. 17-18, para. 55 ; Amuur v. France judgment of 25 June 1996, Reports of Judgments and Decisions 1996-III, p. 857, para. 50
External Sources	Constitution, Article 17 ; Criminal Code, Articles 405 and 429 ; Judicature Act, sections 65 (4) and 88 ; Extradition Act 1985, sections 8, 10 (3) and 18 (1) (2) ; Murder (Abolition of Death Penalty) Act 1965 (English law)
Keywords	"(Art. 35-1) EXHAUSTION OF DOMESTIC REMEDIES" "(Art. 5-1) DEPRIVATION OF LIBERTY" "(Art. 5-1) LAWFUL ARREST OR DETENTION" "(Art. 5-1) PROCEDURE PRESCRIBED BY LAW" "(Art. 5-1-c) REASONABLE SUSPICION" "(Art. 5-1-c) REASONABLY NECESSARY TO PREVENT FLEEING" "(Art. 5-1-f) EXTRADITION" "(Art. 5-3) LENGTH OF PRE-TRIAL DETENTION" "(Art. 5-3) RELEASE PENDING TRIAL" "(Art. 5-3) TRIAL WITHIN A REASONABLE TIME" "JURISDICTION OF THE COURT"

Application Documents 1

SCOTT V. SPAIN

Commission (Second Chamb… Decision

22/02/1995

References 12

	433 AMUUR v. FRANCE 5-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/06/1996
	18 VAN DER TANG v. SPAIN 5-3 Court (Chamber) Judgment (Merits)	13/07/1995
	16 YAGCI AND SARGIN v. TURKEY 5-3, 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	08/06/1995
	77 QUINN v. FRANCE 5-1, 5-3 Court (Chamber) Judgment (Merits and Just Satisfaction)	22/03/1995
	23 KOLOMPAR v. BELGIUM 5-1, 5-4 Court (Chamber) Judgment (Merits)	24/09/1992
	235 TOMASI v. FRANCE 5-3, 3, 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	27/08/1992
	247 LETELLIER v. FRANCE 5-3, 5-4 Court (Chamber) Judgment (Merits and Just Satisfaction)	26/06/1991
	61 VAN DER LEER v. THE NETHERLANDS 5-1, 5-2, 5-4 Court (Chamber) Judgment (Merits and Just Satisfaction)	21/02/1990
	189 KAMASINSKI v. AUSTRIA 6-1, 6-1, 14, 6-3-c Court (Chamber) Judgment (Merits and Just Satisfaction)	19/12/1989
	53 BOUAMAR v. BELGIUM 5-1, 5-4, 14, 5-4 Court (Chamber) Judgment (Merits)	29/02/1988
	24 LYNAS v. SWITZERLAND Commission (Plenary) Decision	06/10/1976
	214 WEMHOFF v. GERMANY 5-3, 6-1 Court (Chamber) Judgment (Merits)	27/06/1968

Citations Breakdown

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1–10 of 84

Citations 84

	AVRAM v. ROMANIA 5-1 Court (Third Section) Judgment (Merits and Just Satisfaction)	18/10/2011
	SEFEROVIC v. ITALY 5-1-f, 5-5 Court (Second Section) Judgment (Merits and Just Satisfaction)	08/02/2011
	1 BUJAC v. ROMANIA 5-1, 5-3 Court (Third Section) Judgment (Merits and Just Satisfaction)	02/11/2010
	CREANGA v. ROMANIA 5-1, 5-1 Court (Third Section) Judgment (Merits and Just Satisfaction)	15/06/2010
	4 BIENIEK v. POLAND 5-3, 6-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	01/06/2010
	3 MALKOV v. ESTONIA 5-3 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	04/02/2010
	12 WEGERA v. POLAND 5-1, 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	19/01/2010
	HOKIC AND HRUSTIC v. ITALY 5 Court (Second Section) Judgment (Merits and Just Satisfaction)	01/12/2009
	7 SANDOWYCZ v. POLAND Court (Fourth Section) Judgment (Merits and Just Satisfaction)	27/01/2009
	MUSZYNSKI v. POLAND Court (Fourth Section) Judgment (Merits and Just Satisfaction)	13/11/2008

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