CEDH · CASELAW;CLIN;ENG — 13 juillet 1995

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s85F2E5C5 { width:30.44pt; display:inline-block } .sBDAE81C4 { width:27.67pt; display:inline-block } .s6863D229 { width:26pt; display:inline-block } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. July 1995 Van der Tang v. Spain - 19382/92 Judgment 13.7.1995 Article 5 Article 5-3 Length of pre-trial detention Trial within a reasonable time Length of pre-trial detention in criminal proceedings which included a decision of joinder: no violation [This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.] I.   THE GOVERNMENT'S PRELIMINARY OBJECTION Applicant not entitled to bring an action against the State whose justice he had evaded: alleged violation occurred before applicant absconded in breach of undertakings - his subsequent flight, albeit wrongful, did not render illegitimate his interest in obtaining ruling from Convention institutions. Conclusion : rejection (eight votes to one). II.   ARTICLE 5 § 3 OF THE CONVENTION A.   Period to be taken into consideration Starting-point: applicant's arrest; End: applicant's actual release; Total: three years, one month and twenty-seven days. B.   Justification of detention (a) alleged lack of reasons in domestic decisions : on evidence, applicant well aware of why he was being kept in detention -admittedly desirable for Spanish courts to have given more detailed reasoning as to grounds for applicant's detention. (b) seriousness of the offences charged : real but could not alone justify long period of pre-trial detention. (c) danger of absconding : confirmed by a number of relevant factors which had persisted throughout total period of applicant's detention - relevant and sufficient ground for refusing repeated applications for release. C.   Conduct of the proceedings Joinder of the applicant's case to nationwide investigation into drug trafficking ( Nécora ) - measure taken by Spanish courts with a view to furthering the proper administration of justice - had accounted for one year, eight months and twenty-four days of applicant's pre-trial detention, but could not be regarded as unreasonable. Nor could Court find that, following joinder, applicant's case should have been separated from Nécora on the ground of constituting an independent incident unrelated to rest of investigation. Although not particularly complex taken on its own, applicant's case, once joined to Nécora , became part of complex process - no lack of special diligence by competent judicial authorities to be found in view of the broader context of Nécora and the difficulties intrinsic to the investigation of large-scale drug-trafficking offences committed by criminal organisations. Conclusion : no violation (unanimously).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes