The Scope of Initial Pre-Trial Detention under the European Convention on Human Rights: An Armenian Case Study

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Abstract

This article addresses two central research questions relating to initial pre-trial detention under Article 5 of the European Convention on Human Rights. Firstly, at what point does reasonable suspicion stop being sufficient for detention of an individual in initial pre-trial detention? Secondly, should the first judicial officer undertake a review as to whether there are alternatives to, or potential justification for, pre-trial detention or can this be carried out at a later stage? The article concludes, by reference to a case study on Armenia, that the acceptable length of this initial period of pre-trial detention can only be determined on a case by case basis and not on the application of a blanket period of time and that while the first judicial officer is not obliged to review the justifications for pre-trial detention, such review is desirable and at the very least such a review should be carried out expeditiously by a second judicial officer.

Bibliographical metadata

Original languageEnglish
JournalEuropean Human Rights Law Review
Publication statusPublished - 2015

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