The applicant was in the army. He complained that, having been accused of a rape, he was ordered by his commanding officer to be detained on remand pending trial.
Held: There had been a breach of Article 5.3 which required that anyone arrested should be taken before a court or other proper officer exercising judicial power. The commanding officer, as part of the prosecution machinery, could not be that officer.
Citations:
Times 15-Jan-2008, 55434/00, [2008] ECHR 15, [2011] ECHR 2269
Links:
Statutes:
European Convention on Human Rights 5.3
Human Rights, Crime, Armed Forces
Updated: 12 July 2022; Ref: scu.263630
