Legal Topic:
Detention
Geographic relevance:
International
Language:
Inglés
Data type:
Legal citations
About this resource:
Fillastre was charged in 1987 for offences punishable by imprisonment of one to five years. His proceedings were delayed, partly due to the judge’s desire to gather further evidence, and he was expected to be tried in 1991.
First, the UNHRC held that “what constitutes ‘reasonable time’ is a matter of assessment for each particular case”. However, they held that “evidence-gathering” did not justify a pre-trial detention of four years so there was a violation of article 9(3) of the ICCPR (“anyone arrested or detained on a criminal charge shall be entitled to trial within a reasonable time”).
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