Marshall v. the United Kingdom, dec., No. 41571/98, ECtHR (Fourth Section), 10 July 2001

Derogation from the European Convention on Human Rights in time of emergency. Detention of alleged terrorists without a prompt judicial intervention. 

Art. 5 ECHR
Art. 15 ECHR

In time of public emergency, the lack of a prompt judicial review concerning the lawfulness of alleged terrorists’ detention does not breach the Convention. Within the limits of their margin of appreciation, Contracting States are free to adopt the measures they deem to be the most appropriate to deal with the exigencies of the situation, even in derogation from the Convention. 
(In the present case, the applicant, who was arrested and detained for a period of seven days on account of his alleged involvement in paramilitary activities, complained of the violation of Article 5, para. 3 ECHR, given the absence of judicial control over his detention. Having established that there was an emergency situation in Northern Ireland at the time of the events, the Court held that the application was inadmissible).