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Violations of Article 5
Statement of the alleged violation of Article 5 of the European Convention of Human Rights with respect to the applicants
The Applicants submit that the prosecutors' office and judiciary infringe their right to liberty and security guaranteed by Article 5 of the Convention, which provides as follows:
- Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law.
- Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and the charge against him.
- Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this Article shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
- Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
This Article is aimed at preventing arbitrary detention and will ensure the regular monitoring and sentence review of those imprisoned for criminal offences. Fair trial guarantees must be observed from the moment the investigation against the accused commences until the criminal proceedings, including any appeal, have been completed.
The applicants direct the kind attention of the Court to the fact that violation of their rights commenced from the very moment of their appearance at the Mtskheta regional prosecutors' office. Namely, the first applicant appeared at the Mtskheta regional prosecutors' office on 26 December 2005 at 1:15 p.m. (see the attached Annex A.. - protocol of appearance). Since that moment, he was kept in a room without being informed about anything. Nobody explained him why he was called to the prosecutors' office, nobody examined him and his every single question regarding a reason of keeping him in the room went unanswered. As the first applicant remembers now, because he did not receive any answer to his questions, he tried to leave the room, where he was kept, but he was not allowed to. He was practically isolated from everyone and everything.
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