Settlement reached in ECtHR case on pre-trial detention

Once again, it has become apparent that the Netherlands places suspects in pre-trial detention too easily and does not sufficiently motivate its decisions in this regard: the case that Bram Horenblas brought before the European Court of Human Rights (ECtHR) on this issue did not end in a conviction, but rather in a settlement with compensation for client.

What happened?

Client was suspected of possession and production of amphetamine and remanded in custody for this purpose. At various times, the defense requested a suspension of the pretrial detention, including during the appeal against extension of the detention order on December 21, 2022. At that time, among other things, the possibility of suspension with ankle-band monitoring had been examined, and it was. The defense had further argued that client's family was in danger of falling apart and he was in danger of losing his good name, reputation and legal sources of income.

The court noted that only the recidivism ground remained, but still refused to suspend the pretrial detention. The court justified its decision with only a few sentences. The court stated that the criminal justice interest in continuing pretrial detention should outweigh the defendant's personal interest in suspending it. The alleged personal circumstances would weigh less heavily than the seriousness of the acts of which defendant is suspected and the nature of the grounds. The court referred to a previous conviction and a pending appeal, but did not mention a single word about the possibility of suspension with ankle-bracelet supervision.

Against this decision, the defense filed a complaint with the ECtHR. In it, the defense complained, among other things, that Article 5(3) ECHR had been violated because the court's decision lacked sufficient reasoning.

On November 27, 2023, the ECtHR gave notice that the complaint was admissible. In that notice, the ECtHR summarized the relevant facts and gave the parties the opportunity to reach a mutual agreement. You can read that notice back on the ECtHR website or by clicking on this link.

The State of the Netherlands eventually offered to pay a settlement of €1,500 and that offer was accepted. On this, the ECtHR removed the case from the list by decision of April 11, 2024. You can read that decision too on the ECtHR's website or by clicking on this link.

What does the settlement entail?

The settlement means that the State of the Netherlands must pay damages of €1,500. A ruling on the law is thus not given. Nevertheless, one can easily read into this an acknowledgement that the Netherlands has not respected the fundamental rights of the ECHR in this case.

Want to know more?

Are you looking for a lawyer to file a complaint with the ECtHR? Then you have come to the right place at Van Meekren Advocatuur. Our contact details can be found here.