Case of European Court of Human Rights, March 22, 1995 (case Quinn v. France)

Resolution Date:March 22, 1995
SUMMARY

Violation of Art. 5-1 No violation of Art. 5-3 (detention on remand) Not necessary to examine Art. 18 Non-pecuniary damage - financial award Costs and expenses award - domestic proceedings Costs and expenses award - Convention proceedings

 
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Information Note on the Court’s case-law No.

March 1995

Quinn v. France - 18580/91

Judgment 22.3.1995

Article 5

Article 5-1

Deprivation of liberty

Lawful arrest or detention

Article 5-1-f

Extradition

Lawfulness and length of detention prior to and during extradition proceedings: violation

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]

I.              ARTICLE 5 § 1 OF THE CONVENTION

A.              Continuation of detention after a decision requiring detainee's immediate release

Some delay in executing a decision is understandable, but in instant case applicant had remained in detention for eleven hours without any move being made to commence execution of decision.

Conclusion: violation (unanimously).

B.              Detention with a view to extradition

Detention with a view to extradition in principle justified under Article 5 § 1 (f) and no abuse of procedure - however, applicant's detention with a view to extradition unusually long - deprivation of liberty under that sub-paragraph justified only for as long as extradition proceedings are being conducted - in instant case at different stages of the proceedings delays of sufficient length to render total duration excessive - applicant's surrender postponed pursuant to Article 19 of the European Convention on Extradition (criminal proceedings conducted in France at the same time).

Conclusion: violation (unanimously).

II.              ARTICLE 5 § 3 OF THE CONVENTION

A.              Period to be taken into consideration

Article 5 § 3 not applicable to...

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