W. v. Switzerland

[0] Information Note on the Court’s case-law No.

[1] January 1993

[2] W. v. Switzerland - 14379/88

[3] Judgment 26.1.1993

[4] Article 5

[5] Article 5-3

[6] Length of pre-trial detention

[7] Release pending trial

[8] Length of pre-trial detention: no violation

[9] [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.]

[10] Period to be taken into consideration: from applicant's arrest to his conviction by Berne Economic Criminal Court - total of four years and three days.

[11] 1. Justification of the detention

[12] Refusal to release applicant based on three main grounds.

[13] a) Danger of absconding: Berne courts based themselves on specific characteristics of applicant's situation - in Federal Court's opinion, these left no real doubt as to W.'s intention to abscond and could legitimately suffice to demonstrate that such a danger still existed - nothing called for different conclusion by Court.

[14] (b) Danger of collusion: Federal Court examined reasons given by indictments chamber and at no time excluded existence of danger of collusion - no reason for Court to disagree with this opinion.

[15] (c) Danger of repetition of offences: no need to examine impugned decisions on this point, as dangers of absconding and collusion in themselves justified continued detention.

[16] (d) Summary: reasons given for refusing applications for release both relevant and sufficient.

[17] 2. Conduct of the proceedings

[18] Court found no period during which investigators had not carried out inquiries with necessary promptness, nor any delay caused by possible shortage of personnel or equipment - length of detention in issue essentially attributable to exceptional complexity of case and conduct of applicant.

[19] Conclusion: no violation (five votes to four).

[20] © Council of Europe/European Court of Human RightsThis summary by the Registry does not bind the Court.

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