Source: Human Rights Case Digest, Volume 11, Numbers 5-6, 2000 , pp. 281-283(3)

Publisher: Martinus Nijhoff Publishers, an imprint of Brill

Abstract:

Reasonableness of the length of the detention must be assessed in each case according to its special features. Continued detention may be justified in a given case only if there are clear indications of a genuine public interest which, notwithstanding the presumption of innocence, outweigh the right to liberty. The persistence of a reasonable suspicion that the person arrested has committed an offence is a condition sine qua non for the lawfulness of the continued detention, but after a certain lapse of time it no longer suffices: the other grounds given by the judicial authorities must continue to justify the deprivation of liberty. Where such grounds are “relevant” and “sufficient”, the competent national authorities must also display “special diligence” in the conduct of the proceedings.

Document Type: Case report

DOI: http://dx.doi.org/10.1163/157181300401346880

Publication date: 2000-05-01

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