Conclusion: no violation (unanimously).
3. Article 5 § 3 of the Convention
(a) Right to be brought promptly before judge or “other officer”
Investigator, whose decisions could be overturned by prosecutor, not sufficiently independent.
Conclusion: violation (unanimously).
(b) Right to trial within reasonable time or release pending trial
Applicant detained pre-trial for approximately two years – national authorities not unreasonable in fearing he might
re-offend – during one year virtually no action was taken in connection with investigation – authorities did not act
with required diligence.
Conclusion: violation (unanimously).
4. Article 5 § 4 of the Convention
Applicant unable to have continuing lawfulness of pre-trial detention determined by a court on more than one
occasion – no oral hearing held on that occasion.
Conclusion: violation (unanimously).
5. Article 25 § 1 of the Convention
Two of applicants questioned by police or prosecuting authorities about application to Commission leading them to
deny having made any application in sworn declaration – application included serious allegations of misconduct on
part of same authorities – at time of questioning, first applicant detained on remand within control of prosecuting
authorities – in all the circumstances, questioning amounted to improper pressure.
Conclusion: violation (unanimously).
iii. article 50 of THE convention
A. Non-pecuniary damage: Specified sum awarded to first applicant.
B. Costs and expenses: Awarded in full.
Conclusion: respondent State ordered to pay specified sums to applicants (unanimously).
COURT'S CASE-LAW REFERRED TO
18.1.78, Ireland v. the United Kingdom; 4.12.1979, Schiesser v. Switzerland; 21.10.1986, Sanchez-Reisse v.
Switzerland; 29.11.1988, Brogan v. the United Kingdom; 5.10.1989, Bezicheri v. Italy; 23.10.1990, Huber v.
Switzerland; 12.12.1991, Toth v. Austria; 12.5.1992, Megyeri v. Germany; 26.11.1992, Brincat v. Italy; 23.3.1995,
Loizidou v. Turkey (Preliminary Objections); 13.7.1995, Kampanis v. Greece; 27.9.1995, McCann and Others v. the