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H.B. v. Switzerland

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Upon arrest a person must be duly informed of the essential legal and factual grounds for his arrest, so as to be able to apply to a court to challenge its lawfulness. Judicial control of interferences by the executive with the individual's right to liberty, which is an essential feature of the guarantee of liberty and security, requires that an “officer” exercising “judicial power” must review detention. Such a person must satisfy certain conditions guaranteeing to the person detained against any arbitrary or unjustified deprivation of liberty, including that the “officer” be independent of the executive and the parties. In this respect, objective appearances at the time of the decision on detention are material: if it appears at that time that the “officer” may later intervene in subsequent criminal proceedings on behalf of the prosecuting authority, his independence and impartiality may be open to doubt.

10.1163/157181301401012609
/content/journals/10.1163/157181301401012609
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/content/journals/10.1163/157181301401012609
2001-03-20
2016-12-05

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