Klamecki v. Poland, (25415/94) [2002] ECHR 364 (28 March 2002)
The text of this case can be found on the
European Court of Human Rights' HUDOC database.
Facts: On
Allegations: the applicant complains
of a violation of Article 5 § 3 (right to be brought promptly before a judge)
and Article 6 § 1 about the length of the detention on remand (two years and
three days) and the length of the criminal proceedings (six years, one month
and 21 days.
Holding: The Court examined the
reasonableness of the length of the pre-trial detention of the applicants and
held unanimously that there had been no violation of Articles 5 § 3 and 6 § 1.
Reasoning: Continued detention could be justified in a given case only if there are specific indications of a genuine requirement of public interest, which, notwithstanding the presumption of innocence, overweighs the rule of respect for individual liberty.
