Unreasoned decision dismissing objections by applicant who was imprisoned pursuant to judgment not concerning him violated ECHR: Judgement against Greece
In Chamber's judgment dated 15.10.2024 in the case of Nsingi v. Greece (application no. 27985/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 5 §§ 1 and 5 (right to liberty and security / right to compensation) of the European Convention on Human Rights. The case concerned the rejection of the applicant’s claim for compensation for having been imprisoned pursuant to a sentence that had been handed down in respect of a different person, for whom he had been mistaken at the time of his arrest. On 6 June 2018 the applicant was arrested by the police and, after verification of his identity, was registered under the name of an individual who had been sentenced to eight years’ imprisonment for drug possession. The prosecutor ordered that he be sent to prison. On 20 June 2018 the applicant demanded that he be released, objecting that he was not the person who had been convicted and sentenced. The Criminal Court dismissed the applicant