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Part Four Measures of Coercion, Ch.19 The Special Rights of Persons Detained on Remand

From: Human Rights in Criminal Proceedings

Stefan Trechsel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 June 2024

Detention — Right to a trial within a reasonable time — Presumption of innocence — Terrorism — Terrorism, financing — Freedom from torture and cruel, inhuman, or degrading treatment — Torture — Fact-finding and inquiry

When it comes to the special rights of persons detained on remand, the European Convention on Human Rights (ECHR) refers to Article 5 section 1(c), while the International Covenant on Civil and Political Rights (ICCPR) speaks of ‘on a criminal charge’, although the arrestee is not necessarily charged yet at the time of arrest. This chapter discusses the justification of special safeguards for those detained on remand, the right to be brought before a judge, the purpose and character of the right, the judge or other officer authorised by law to exercise judicial power, the independence and impartiality of the authority, the power to order release, the procedure before the judge, the relevance or irrelevance of situations of emergency, the limitation in time of detention on remand, criteria of reasonableness, grounds which are not relevant or sufficient to justify the continued detention, ‘special diligence’ and the conduct of the criminal proceedings, release on bail, and possibility of redress.

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