L'article 5 de la convention EDH exige qu'une personne arrêtée doit être aussitôt traduite devant un juge
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Un ressortissant estonien, domicilié à Tõrva (Estonie), a été placé le 13 décembre 2001 en détention, soupçonné d'avoir commis des infractions économiques. En janvier 2002, il obtint une libération conditionnelle. Or, en raison de son absence à une audience en mars 2004, le tribunal du fond ordonna sa détention. De nouveau arrêté et placé en détention, il forma une demande de remise en liberté, qui fut rejetée à la suite d'une audience à laquelle il était présent. Définitive reconnu coupable des charges qui pesaient sur lui et condamné à trois ans et six mois d'emprisonnement, il a contesté sa deuxième arrestation, invoquant l'article 5 §§ 3 et 4 (droit à la liberté et à la sûreté) de la Convention européenne des droits de l'homme. Statuant sur cette affaire le 29 mai 2008, la CEDH a jugé à l'unanimité, à la violation de l'article 5 § 3 de la Convention, octroyant à l'intéressé 3.000 euros pour préjudice moral. Ainsi, elle a considéré que...
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