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Amendment No. 9 | Doc. 13863 | 29 September 2015
Abuse of pretrial detention in States Parties to the European Convention on Human Rights
In the draft resolution, replace paragraph 12.2.2 with the following paragraph:
"use pre-trial detention only in compliance with Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms and with the standards established by the European Court of Human Rights."
Explanatory note
PACE has no competence to interfere in the jurisdiction of domestic courts and call for the release of detainees in this way. Even the European Court only makes such appeals in exceptional cases. If the current paragraph formulation remains, PACE would violate the principle of independence of the judiciary.