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Wemhoff Case.
Published online by Cambridge University Press: 01 January 2021
Abstract
Treaties — Interpretation of — Principles and rules of — Interpretation by reference to context preferred to strict grammatical interpretation — Bilingual texts — Need to reconcile differing texts — Law — making treaties — Interpretation by reference to aims and object preferred to restrictive interpretation.
The individual in international law — Human rights and freedoms — European Convention for Protection of — Article 5 (3) (right to trial within a reasonable time and to release pending trial) — Interpretation by reference to context preferred to strict grammatical interpretation — Provisional detention not to be unreasonably prolonged — Interpretation of bilingual text — Need to reconcile differing texts — Reasonableness of period of detention to be determined by special features of each case — Rejection of application of seven criteria employed by European Commission of Human Rights — Period of detention covered by Article 5 (3) extends to date of judgment by Court of first instance — Article 6 (1) (right to hearing within a reasonable time) — Relevant period runs from from date of charges and order for arrest until acquittal or conviction, including decision on appeal.
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