SCOTT v. SPAINSEPARATE OPINION OF Mr. F. MARTINEZ

Doc ref: • ECHR ID:

Document date: July 4, 1995

Doc ref: • ECHR ID:

Document date: July 4, 1995

Cited paragraphs only

SEPARATE OPINION OF Mr. F. MARTINEZ

I have voted in favour of finding a violation of Article 5

para. 3 of the Convention, but that was on the basis of a draft report

which took account of the entire period during which the applicant was

deprived of his liberty.

He was arrested on 5 March 1990 and remained in detention on

remand until 27 March 1994, i.e. four years and twenty-three days.

To my mind, four years and twenty-three days in detention is too

long! A fundamental right, such as freedom of the human being, must

be respected above all others and the issue as to whether there has

been a violation of that freedom should be determined on the basis of

the actual period of deprivation of freedom and not by subtle thought

processes.

To tell the applicant that he was detained for only two years and

that he was free between 6 March 1992 and 25 August 1993, but detained

again from that date until 21 March 1994, when in actual fact he was

in prison throughout that period, is bordering on the sarcastic.

That is the view of the majority, however.

Moreover, if the entire period during which the applicant was

actually in prison for one reason or another were not taken into

account, I would not conclude that there has been a violation of

Article 5 para. 3 of the Convention in this case.

((Or. French)

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