36
MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
of law; and the importance of the promptness or speediness of the requisite
judicial controls under Article 5 §§ 3 and 4 (see McKay, cited above, § 30).
118. The Court also notes the importance of the guarantees afforded by
Article 5 § 3 to an arrested person. The purpose of this provision is to
ensure that arrested persons are physically brought before a judicial officer
promptly. Such automatic expedited judicial scrutiny provides an important
measure of protection against arbitrary behaviour, incommunicado detention
and ill-treatment (see, among other authorities, Brogan and Others, cited
above, § 58; Brannigan and McBride v. the United Kingdom, 26 May 1993,
§§ 62-63, Series A no. 258-B; Aquilina v. Malta [GC], no. 25642/94, § 49,
ECHR 1999-III; Dikme v. Turkey, no. 20869/92, § 66, ECHR 2000-VIII;
and Öcalan, cited above, § 103).
119. Article 5 § 3, as part of this framework of guarantees, is structurally
concerned with two separate matters: the early stages following an arrest,
when an individual is taken into the power of the authorities, and the period
pending any trial before a criminal court, during which the suspect may be
detained or released with or without conditions. These two limbs confer
distinct rights and are not on their face logically or temporally linked (see
T.W. v. Malta [GC], no. 25644/94, § 49, 29 April 1999).
120. Taking the initial stage under the first limb, which is the only one at
issue here, the Court’s case-law establishes that there must be protection,
through judicial control, of an individual arrested or detained on suspicion
of having committed a criminal offence. Such control serves to provide
effective safeguards against the risk of ill-treatment, which is at its greatest
in this early stage of detention, and against the abuse of powers bestowed on
law enforcement officers or other authorities for what should be narrowly
restricted purposes and exercisable strictly in accordance with prescribed
procedures. The judicial control must satisfy the following requirements
(see McKay, cited above, § 32):
(a) Promptness
121. The judicial control on the first appearance of an arrested individual
must above all be prompt, to allow detection of any ill-treatment and to keep
to a minimum any unjustified interference with individual liberty. The strict
time constraint imposed by this requirement leaves little flexibility in
interpretation, otherwise there would be a serious weakening of a procedural
guarantee to the detriment of the individual and the risk of impairing the
very essence of the right protected by this provision (see Brogan and
Others, cited above, § 62, where periods of four days and six hours in
detention without appearance before a judge were held to be in violation of
Article 5 § 3, even in the special context of terrorist investigations).