The right to liberty is of fundamental importance. As well as the value to the individual of liberty in itself, many of the other rights protected by the Convention are to a certain extent conditional upon it.
In their approach to the interpretation of Article 5, the Strasbourg Court has done much to overcome these problems. Most of the basic principles under Article 5 are now clearly established. Nonetheless, this is a Convention Article that is repeatedly violated by many Contracting Parties. Corruption and political pressure on judges can in some countries mean that individuals are detained pre-trial even where there is no reasonable suspicion of criminal conduct. In parts of central and eastern Europe, Soviet traditions have been hard to dispel, and criminal suspects are still detained almost as a matter of course, even where the national court has not clearly identified any real ground for refusing bail. Under resourced legal systems and long delays in coming to trial can mean that individuals who have not been convicted of any wrongdoing are detained for year after year. Those States which have bad records in relation to unjustified and excessively lengthy pre-trial detention under Article 5(3), moreover, are frequently also States which the Strasbourg Court has found under Article 3 to provide inhuman and degrading conditions of detention. (s.n. – M.M.-B.)
B. Rainey, E. Wicks, C. Ovey
(Jacobs, White, and Ovey: The European Convention on Human Rights, Oxford University Press, ediția a 7 a, data apariției: 14 septembrie 2017, la p. 272)