38
MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
126. The Court has noted on several occasions that the investigation of
terrorist offences undoubtedly presents the authorities with special problems
(see Brogan and Others, cited above, § 61; Murray v. the United Kingdom,
28 October 1994, § 58, Series A no. 300-A; and Aksoy v. Turkey,
18 December 1996, § 78, Reports 1996-VI). This does not mean, however,
that the investigating authorities have carte blanche under Article 5 to arrest
suspects for questioning, free from effective control by the domestic courts
and, ultimately, by the Convention supervisory institutions, whenever they
choose to assert that terrorism is involved (see Öcalan, cited above, § 104).
The same approach applies to the fight against drug trafficking on the high
seas, the importance of which the Court has acknowledged in paragraph 81
above and which also undoubtedly presents special problems.
2. Application of the above principles
127. The Court notes that the arrest and detention of the applicants
began with the interception of the ship on the high seas on 13 June 2002.
The applicants were not placed in police custody until 26 June 2002, after
arriving in Brest. Before the Grand Chamber, and for the first time since the
proceedings began – which the Court can only find regrettable – the
Government submitted substantiated information concerning the
presentation of the applicants, at the end of the day, to the investigating
judges in charge of the case (see paragraph 19 above).
128. The fact remains that the applicants were not brought before the
investigating judges – who may certainly be described as “judge[s] or other
officer[s] authorised by law to exercise judicial power” within the meaning
of Article 5 § 3 of the Convention – until thirteen days after their arrest.
129. The Court points out that in the Brogan and Others case it held that
a period of detention in police custody amounting to four days and six hours
without judicial review fell outside the strict constraints permitted by
Article 5 § 3, even though it was designed to protect the community as a
whole from terrorism (see Brogan and Others, cited above, § 62). It also
found a period of seven days without being brought before a judge
incompatible with Article 5 § 3 (see Öcalan, cited above, §§ 104-05).
130. The Court observes, however, that it did accept, in the Rigopoulos
decision (cited above), which concerned the interception on the high seas by
the Spanish customs authorities, in the context of an international drug
trafficking investigation, of a ship flying the Panamanian flag and the
detention of its crew for as long as it took to escort their ship to a Spanish
port, that a period of sixteen days was not incompatible with the notion of
“promptness” required under Article 5 § 3 of the Convention, in view of the
existence of “wholly exceptional circumstances” that justified such a delay.
In its decision, the Court noted that the distance to be covered was
“considerable” (the ship was 5,500 km from Spanish territory when it was
intercepted), and that a forty-three-hour delay caused by resistance put up