Information Note on the Court’s case-law No.
October 1995
Iribarne Pérez v. France - 16462/90
Judgment 24.10.1995
Article 5
Article 5-4
Review of lawfulness of detention
Take proceedings
Person convicted in Andorra unable to bring proceedings in French courts to challenge lawfulness of his detention in France: no 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.]
Court's task limited to determining whether, under Article 5 § 4, lawfulness of applicant's detention should have been reviewed in France.
Recapitulation of Court's case-law. Review incorporated in principle in decision depriving a person of his liberty when that decision is made by a court at close of judicial proceedings.
In the instant case, no circumstances of a nature to suggest such review was not incorporated in judgment of Tribunal de Corts and no flagrant denial of justice - applicant had not alleged any infringement of essential rights of the defence and had not questioned impartiality of Tribunal de Corts.
Conclusion: no violation (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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