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Van Der Sluijs, Zuiderveld and Klappe
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Arrest and detention — Freedom from — Permissible restrictions — Right to be brought promptly before officer authorized by law to exercise judicial power — European Convention on Human Rights, 1950, Article 5(3) — Military discipline — Authority with advisory power — Auditeur-militair — Internal practice of following his advice — Whether sufficiently independent — Officier-commissaris — Whether empowered to exercise judicial authority — Whether hearing on referral for trial before military court sufficient degree of judicial control
Human rights — Procedure — Victim of a human rights violation — Definition — Whether fact that applicants' periods of detention on remand taken into account in sentencing meant that they ceased to be victims in respect of alleged violations regarding their detention on remand — Preliminary objection by government not referred to before Court — Presumption that objection withdrawn
Damages — Human rights violations — European Convention on Human Rights, 1950, Article 50 — Non-pecuniary loss
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- © Cambridge University Press 1988