The overlapping of the scope of activities

If a certain person was suspected of having committed a certain criminal offence and if, to that end, there was no official position from a competent authority or an indictment for that matter, and if it is not expected that such person would soon have to appear in court to confront the suspicion of having committed a criminal act, any references to a violation of the right referred to in Article 6, paragraph 3 of the ECHR would be premature. Restrictions on the rights and freedoms of a damaged person, for instance, on the grounds of the arrest based on a suspicion that the person had committed certain criminal acts, might have certain effect in relation to Article 5 of the ECHR.¹³⁸⁷ On the contrary, if the indictment was issued, requirements and standards referred to in Article 5, paragraph 2 of the ECHR should be substituted by those referred to in Article 6, paragraph 3(a) of the ECHR.¹³⁸⁸