Estonia
Background
Allar Harkmann was arrested and taken into custody. He was held for 15 days, without a court hearing his case or examining the legality of his detention. After he was released, the criminal proceedings against him were discontinued.
Harkmann v. Estonia 
| 2006
Reforms to prevent detention without a court’s permission
Everyone has the right to liberty and security of person.
Extract from Article 5 of the European Convention on Human Rights
Judgment of the European Court of Human Rights
The European court ruled that the failure to have Mr Harkmann’s detention promptly reviewed by a judge—and the lack of any chance for him to obtain compensation—had breached his right to liberty.
Follow-up
In November 2006 a new law came into force. It gave the right to claim compensation to people who are arrested and detained, but not brought before a judge within 48 hours.
Themes:
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