Judgment (Struck out of the List) of Court (Third Section), February 29, 2000 (case CASE OF RAISELIS v. LITHUANIA)

DefenseLITHUANIA
Resolution DateFebruary 29, 2000
Issuing OrganizationCourt (Third Section)

THIRD SECTION

CASE OF RAIŠELIS v. LITHUANIA

(Application no. 37195/97)

JUDGMENT

STRASBOURG

29 February 2000

In the case of RAIŠELIS v. LITHUANIA,

The European Court of Human Rights (Third Section), sitting as a Chamber composed of:

             Sir              Nicolas Bratza, President,              Mr              J.-P. Costa,              Mr              L. Loucaides,              Mr              P. Kūris,              Mrs              F. Tulkens,              Mr              K. Jungwiert,              Mrs              H.S. Greve, Judges,and              Mrs              S. Dollé, Section Registrar,

Having deliberated in private on 8 February 2000,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

  1. The case originated in an application (no. 37195/97) against Lithuania lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Lithuanian citizen, Mr Sigitas Raišelis (“the applicant”), on 17 July 1997. The applicant is represented by Mr Kęstutis Stungys, a lawyer practising in Vilnius. The Lithuanian Government are represented by their Agent, Mr Gintaras Švedas, the Deputy Minister of Justice.

  2. The applicant complained under Article 5 §§ 1, 2 and 3 of the Convention about the lawfulness of his preventive detention, the failure of the authorities to inform him about the reasons for that detention and their failure to bring him promptly before a judge or other officer. On 1 July 1998 the Commission (Second Chamber) decided to give notice of the application to the respondent Government and invited them to submit their observations on its admissibility and merits. The Government submitted their observations on 26 September 1998, to which the applicant replied on 27 November 1998.

  3. After the entry into force of Protocol No. 11 on 1 November 1998 and in accordance with the provisions of Article 5 § 2 thereof, the case fell to be examined by the Court. On 2 March 1999 the Court declared the application admissible.

  4. On 1 December 1999, after an exchange of correspondence, the Section Registrar invited the parties to consider a friendly settlement within the meaning of Article 38 § 1 (b) of the Convention. On 8 December 1999 the applicant’s representative and the Agent of the Government submitted a formal declaration accepting a friendly settlement of the case.

    AS TO THE FACTS

  5. The...

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