Right to liberty

Question 1

What are the rights involved in pre-trial detention?

Answer 1

1. Individual liberty:
   - Ultima ratio
   - Safeguards –> Judicial supervision, frequent and timely reviews, defence rights, reasoning of decisions…
2. Presumption of innocence:
   - Includes presumption of bail
   - Reasonable suspicion is a requirement, not a reason
   - Needs grounds

Question 2

Art. 5 ECHR

Answer 2

1. Lawful arrest:
   - Procedural + Substantive
   - Accessible, foreseeable and guarantees against arbitrariness
2. Reasonable suspicion
3. Necessary
4. Informed promptly = A few hours + Adequate details (essential legal and factual grounds so as to be able to apply to a court to challenge its lawfulness)
5. Right to silence and counsel but legal basis is art. 6

Question 3

ECHR - 1st appearance

Answer 3

1. Promptly = Less than 4 days and 6hrs
2. No exception allowed  Must be brought physically in front of the judge
3. Automatic
4. Impartial independent judge which has the power to review the lawfulness and release
5. Access to file

Question 4

ECHR - Pre-trial detention requires…

Answer 4

1. Reasonable suspicion
2. Double lawfulness
3. Four public interest grounds
4. Special diligence of investigation (fast enough)
5. Consider available alternatives
6. Requires judicial review
7. With time  More diligence and consider alternative measures
8. No requirement of due expedition but judicial review must be done with due expedition
9. No need for conditional release if sufficient safeguards

Question 5

Arrest in NL

Answer 5

1. Maximum for 9 hours:
   - 12PM to 9AM does not count
   - Can be extended by 3 more days
2. 1st appearance:
   - In front of investigative judge
   - Legality of arrest and police custody
   - Can order remand in custody or release
   - After max 3 days and 18 hours