it is obligatory to bring the accused before a judge “promptly” or to release him from detention (article 5, paragraph 3 of the echr)

Article 5, paragraph 3 of the ECHR stipulates special rights for the persons deprived of liberty or detained in accordance with paragraph 1(c). Article 5, paragraph 3 of the ECHR is not significant when it comes to deprivations of liberty according to other provisions of paragraph 1(c). That is a key difference when compared with Article 5, paragraph 4 of the ECHR. The person deprived of liberty according to paragraph 1(c) must be brought before a judge or other official person authorised under law to exercise judicial authority. Moreover, those persons are entitled to a decision within a reasonable time or to be released from detention, in which case the release from detention may be conditioned by guaranteeing that the person concerned will appear before the court. The guarantees from Article 5, paragraph 3 of the ECHR concern the persons detained in respect of the criminal proceedings to follow.⁸³⁸ Accordingly, paragraph 3 shall not be applied to extradition related detention under Article 5, paragraph 1(f) of the ECHR.⁸³⁹