Guest post by Catherine Van de Heyning (Dr. LL.M.), researcher at the University of Antwerp and visiting professor of criminal law at UC Leuven-Limburg.
In the Buzadji v. the Republic of Moldova judgment of 5 July 2016 the ECtHR took the opportunity to clarify its case law on the requirement on a judge to give relevant and sufficient reasons for detention. In its established case law, the Court has already developed criteria for the justification of arrest and detention on remand of suspects pending trial. The Court has found a reasonable suspicion to suffice for the initial detention of a suspect. However, the Court has held that after “a certain lapse of time” reasonable suspicion no longer suffices (a.o. Letellier v. France and Idalov v. Russia). Further detention must be justified in addition on one of the other lawful grounds for detention as enumerated in the ECtHR case law and these grounds must constitute relevant and sufficient reasons. The Court requires “special diligence” from the courts reviewing whether these reasons are provided when deciding on the further detention (a.o. Labita v. Italy and Ilijkov v. Bulgaria).
Due to the lack of a more precise time indication and delineation of relevant and sufficient reasons, the impact of the Strasbourg case law on the domestic practice of pre-trial detention has remained limited. In the Buzadji judgment the Grand Chamber indicated that on two points it felt compelled to further develop its case law. As such, this case is a principled outlining of the Strasbourg case law on pre-trial detention and an important guideline to take into account in practice.