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Publication:
Title:Mikalauskas v. Malta
Application No:4458/10
Respondent:Malta
Referred by:
Date of reference by Commission:
Date of reference by State:
Date of Judgment:23-07-2013
Articles:3
5-3
5-4
41
Conclusion:No violation of article 3
Violation of article 5-3
Violation of article 5-4
Compensation awarded
Keywords:INHUMAN TREATMENT OR PUNISHMENT / LAWFUL ARREST OR DETENTION / PROMPT TRIAL / TAKE PROCEEDINGS

Summary:
(Press release)
The applicant is a Lithuanian national who was born in 1981 and was detained in Malta on drug charges in September 2009. He was then repeatedly remanded in custody over a period of ten months, after which he was granted bail subject to high financial guarantees. As he was unable to pay, he remained in pre-trial detention for another 12 months. He was eventually released from detention in July 2011 when the guarantees were reduced. He currently lives in Qawra, Malta, while the criminal proceedings are still pending against him.

Relying on Article 3 (prohibition of inhuman or degrading treatment) of the Convention, Mr Mikalauskas alleged that the conditions of his detention had been inhuman and degrading given the health problems (recurring headaches) he suffered from, and that the medical care provided to him in detention had been inadequate. He also complained under in particular Article 5 3 and 4 (right to liberty and security) about the excessive length of his detention on remand and his inability to effectively contest the lawfulness of his detention on account of the repeated refusals to grant him bail and the high financial guarantees once bail had eventually been granted.

No violation of Article 3
Violation of Article 5 4
Violation of Article 5 3
Just satisfaction: EUR 4,000 (non-pecuniary damage) and EUR 1,000 (costs and expenses)

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Last Modified: 13-01-2014 16:18:19 (Documentation SIM)