European Court of Human Rights
13 January 2009
Facts:
The applicant, Mr. Nikolaishvili, was summoned by the prosecution as a witness in a criminal case against his brother. However, upon arrival at the prosecutor’s office, he was unexpectedly arrested and placed in detention. At the time of his arrest, no criminal proceedings had been initiated against him, and he was unaware of any suspicion. He remained in pre-trial detention for approximately 11 months. During that time, the domestic courts failed to provide specific reasons justifying the need for his continued detention.
Complaint:
The applicant complained that his arrest was unlawful and arbitrary, in breach of Article 5 (1) (c). He also claimed a violation of Article 5 (3), arguing that the authorities failed to justify his prolonged detention or consider alternatives such as release on bail.
Court’s ruling:
The Court found a violation of Article 5 (1) (c)), stating that Mr. Nikolaishvili’s arrest lacked sufficient legal basis and failed to meet the required formal, accessible, and foreseeable standards. It was not based on a legal order or formal suspicion at the time, and was therefore arbitrary. The authorities’ conduct - calling him as a witness without warning of arrest - was arbitrary.
The Court further found a violation of Article 5 (3), noting that the domestic authorities did not offer any detailed justification or evidence for maintaining the detention. The national courts approved continued detention with merely abstract judicial reasoning, without concrete factual backing, and omitted consideration of less restrictive alternatives.