Ben Nasr Sabeur Ben Ali, a Tunisian national born in 1976 and currently living in Sousse in Tunisia, complained of a violation of Article 5 §§ 3 and 4 of the European Convention on Human Rights (right to liberty and security).
The applicant was arrested in Malta for drug-related offences on 17 March 1995. On 19 March 1995 he appeared before a Magistrate to be arraigned. In accordance with section 27 of the Dangerous Drugs Ordinance, he was remitted to custody pending the conclusion of the criminal inquiry. On conclusion of the inquiry on 4 April 1995, he was committed for trial. On 1 August 1996 a Magistrate rejected his application for provisional release. On 5 February 1997 the applicant was acquitted and released.
The applicant complains under Article 5 § 3 of the Convention that the Court of Magistrate before which he appeared on 19 March 1995 did not have the power to examine the reasonableness of the suspicion against him. The applicant also complained that, throughout the entire period of his detention on remand, he could not have the lawfulness of his arrest and detention reviewed speedily by a court in breach of the requirements of Article 5 § 4 of the Convention.
Citation: Sabeur Ben Ali v Malta (App no 35892/97) ECHR 29 June 2000
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)