Article 9: Liberty and security of person 2014, para. 37
Paragraph- Paragraph text
- The second requirement expressed in the first sentence of paragraph 3 is that the person detained is entitled to trial within a reasonable time or to release. That requirement applies specifically to periods of pretrial detention, that is, detention between the time of arrest and the time of judgment at first instance. Extremely prolonged pretrial detention may also jeopardize the presumption of innocence under article 14, paragraph 2. Persons who are not released pending trial must be tried as expeditiously as possible, to the extent consistent with their rights of defence. The reasonableness of any delay in bringing the case to trial has to be assessed in the circumstances of each case, taking into account the complexity of the case, the conduct of the accused during the proceeding and the manner in which the matter was dealt with by the executive and judicial authorities. Impediments to the completion of the investigation may justify additional time, but general conditions of understaffing or budgetary constraint do not. When delays become necessary, the judge must reconsider alternatives to pretrial detention. Pretrial detention of juveniles should be avoided, but when it occurs they are entitled to be brought to trial in especially speedy fashion under article 10, paragraph 2 (b).
- Legal status
- Non-negotiated soft law
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Year
- 2014
- Paragraph type
- Other
- Reference
- CCPR General Comment No. 35, Article 9: Liberty and security of person (2014), para. 37.
- Paragraph number
- 37
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