Ministry of Foreign Affairs of Latvia: A summary of facts in the case "Freimanis and Lidums v. Latvia"

Ministry of Foreign Affairs of Latvia

A summary of facts in the case "Freimanis and Lidums v. Latvia"

Talis Freimanis (the first applicant) and Alvis Lidums (the second applicant) are the two former Latvian businessmen who had been criminally charged for their activities as officials of the Latvian bank, Banka Baltija, which consequently went bankrupt.
In 2001, both applicants lodged their claims with the Court, complaining of a number of violations which Latvian state institutions had allegedly committed during the pre-trial investigation and during the court proceedings. Referring to Article 5 Paragraph 3 of the Convention, the applicants complained of the length of their detention pending trial and violation of their rights with respect to the lawfulness of their detention in court, as guaranteed by Article 5 Paragraph 4 of the Convention. Under the provisions of Article 6 Paragraph 1 of the Convention, the applicants complained about the length of the criminal proceedings, accusing the court of a lack of neutrality and impartiality. The applicants also contended that the court which dealt with their case had not been established by law. Referring to Article 6 Paragraph 2 of the Convention, the applicants complained about statements made to the press by the presiding judge which demonstrated that the judge was convinced of the applicants' guilt, thereby overriding their right to a presumption of innocence.On 28 November 2002, the Court delivered a judgment in the case of Lavents v. Latvia, in which the applicant had complained of similar violations in the same court proceedings. The Court then held that there had been a violation of Article 5 Paragraph 3; Article 5 Paragraph 4; Article 6 Paragraph 1 in respect of every individual's right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law; Article 6 Paragraph 2; and Article 8 of the Convention on everyone's right to respect for his family life and his correspondence. On that occasion the Government of Latvia paid the applicant compensation in the amount of EUR 15,000 as defined in the court judgment. The case was resumed for a re-trial in the national courts.