| Chapter 2: | Investigative Detention and International Human Rights Law |
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the continuing detention must be justified, so long as it lasts, by adequate grounds. Further, the duration of the detention must not exceed a reasonable time.62 In the specific case of terrorism, the ECtHR has demonstrated a degree of flexibility in defining reasonableness, noting the following:
Another key provision is article 6, which lays out substantive requirements in the criminal process, such as the presumption of innocence, the right to be promptly informed of the charges, and the right to legal assistance. Article 15(1) of the ECHR, however, provides that “in times of war or other public emergency threatening the life of the nation, any High Contracting Party may take measure derogating from its obligations under this Convention to the extent strictly required by the situation.”64 As the following discussion demonstrates”, European countries have made use of this ability to derogate for purposes of counterterrorism.
Enforcement Mechanisms
The ECHR provides for two different procedures to ensure member state compliance with its provisions: an individual petition procedure and an interstate procedure.65 Pursuant to these two procedures, member states may be held accountable by the “ECtHR” for violations of recognized rights.66 Unlike the ICCPR, the ECHR's interstate complaint mechanism has been used in the past―albeit infrequently.67 Further, in contrast to the ICCPR, all member states are subject to the ECHR's individual petition