Recourse against Decisions to Apply or Extend Pre-Trial Detention

Abstract

According to Article 5 of the European Convention on Human Rights, “everyone deprived of his liberty by arrest or detention shall have the right to take proceedings before a court so that the court may decide within a short time on the lawfulness of his detention and order his release if his detention is not lawful.” Thus, national authorities must exercise the utmost diligence to ensure that the defendant’s right to an effective remedy is respected in the procedure for applying or replacing pre-trial detention or house arrest against the defendant. To respect all the guarantees provided for by law, the national regulatory framework must be predictable and explicit release if the detention is unlawful. Thus, national authorities must exercise the utmost diligence to ensure that the defendant’s right to an effective remedy is respected in the procedure for applying or replacing pre-trial detention or house arrest against the defendant. To respect all the guarantees provided by law, the national regulatory framework must be predictable and explicit.