Duinhof and Duijf Case

Abstract

Human rights — Arrest and detention — Freedom from — Permissible restrictions — Right to be brought promptly before officer authorized by law to exercise judicial power — European Convention on Human Rights, 1950, Article 5(3) — Military discipline — Authority with advisory power — Auditeur-militair — Internal practice of following his advice — Whether sufficiently independent — Officier-commissaris — Whether empowered to exercise judicial authority — Whether hearing on referral for trial before military court sufficient degree of judicial control — Whether military court sufficiently independent

Human rights — Procedure — Exhaustion of domestic remedies — Whether European Commission of Human Rights required to examine ex officio

Damages — Human rights violations — European Convention on Human Rights, 1950, Article 50 — Non-pecuniary loss