Information Note on the Court’s case-law 8

July 1999

Sabeur Ben Ali v. Malta (dec.) - 35892/97

Decision 6.7.1999 [Section II]

Article 5

Article 5-3

Judge or other officer exercising judicial power

Magistrate not empowered to examine reasonableness of suspicion: admissible

Article 5-4

Review of lawfulness of detention

Absence of possibility to have lawfulness of detention reviewed by a court: admissible

In Marc h 1995, the applicant was arrested in Malta on suspicion of drug-related offences. He was brought before the Court of Magistrates and was charged with, inter alia, possession and importation of drugs. In compliance with the relevant law, he was remanded in custody during the criminal inquiry. At the conclusion of the inquiry, he was committed for trial. His request for provisional release was rejected by the Attorney-General. In February 1997, he was eventually acquitted of all charges and released. He comp lains that the Court of Magistrates did not have power to examine whether he had been arrested on reasonable suspicion and that he was precluded under the Dangerous Drugs Ordinance from requesting release on bail before 20 days from the arraignment had ela psed or the end of the criminal inquiry, whichever was earlier. Finally, he complains that there is no provision in Maltese law whereby he could have had the lawfulness of his arrest and detention reviewed by a court.

Admissible under Article 5 § 3 and § 4 .

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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