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Brogan and Others v. the United Kingdom, Nos. 11209/84 and others 3, ECtHR (Plenary), 29 November 1988


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

Normative references

Art. 5 ECHR
Art. 15 ECHR


Since Article 15 ECHR is not applicable in the present case, the arrest and custody of four persons suspected of involvement in terrorist activities without a prompt judicial control on the detention breach the Convention. In the Court’s view, even the shortest of the four periods of detention, namely the four days and six hours spent in police custody by one of the arrested, does not meet the requirement of promptness provided by Article 5, para. 3 ECHR. The need to face a threat posed by terrorism does not allow the violation of procedural guarantees.