50
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
This conclusion was patently unreasonable. For torture to become known,
some compliance and verification mechanisms would have to be in place
(i.e. effective monitoring systems by independent organisations). Therefore,
notoriety would be of no avail to the applicants if torture was practised
without anybody every knowing of it.
The court rejected the applicants’ submission that an unfair trial in
China would amount to cruel and unusual treatment where the consequence
was prolonged imprisonment. The court found that the decision-maker had
been entitled to conclude that the trial would be fair when, inter alia, there
was no evidence that the case against the applicants had been obtained by
torture of witnesses.
VII. INTERNATIONAL LAW ON REVIEW OF DETENTION AND
THE RIGHT TO A FAIR TRIAL
A. Review of detention
155. Article 9(3) of the International Covenant on Civil and Political
Rights provides inter alia that anyone arrested or detained on a criminal
charge shall be brought promptly before a judge or other officer authorised
by law to exercise judicial power. The Human Rights Committee, in its
General Comment No. 8 (1982) on Article 9 indicated that delays pending
production before a judge should not exceed a few days. It has found
violations of Article 9(3) in respect of periods of detention of four days,
seven days and eight days (in, respectively, Freemantle v. Jamaica,
Communication No. 625/1995; Grant v. Jamaica, Communication
No. 597/1994; and Stephens v. Jamaica, Communication No. 373/1989).
In his General Recommendations, the United Nations Special Rapporteur
on Torture has stated that the maximum period of detention without judicial
warrant should be forty-eight hours (E/CN.4/2003/68, paragraph 26(g)).
In Kulomin v. Hungary, Communication No. 521/1992, the Human
Rights Committee found that the relevant authority for reviewing detention
could not be the public prosecutor who was responsible for the investigation
of the suspect’s case as that prosecutor did not have the necessary
institutional objectivity and impartiality.
B. Access to a lawyer
156. In addition to the materials set out in Salduz v. Turkey [GC],
no. 36391/02, §§ 37-44, 27 November 2008, the applicant has provided the
following materials.
Article 14 § 3 (b) of the International Covenant on Civil and Political
Rights (ICCPR) provides that everyone charged with a criminal offence is
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