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EUROPEAN COURT OF HUMAN RIGHTS  486  29.6.2000   Press release issued by the Registrar   JUDGMENT IN THE CASE SABEUR BEN ALI v. MALTA   The European Court of Human Rights has today notified in writing judgment in the following case:   Section 2   Sabeur Ben Ali v. Malta [1] (Application number 35892/97)               Violation Article 5 §§ 3 and 4   Ben Nasr Sabeur Ben Ali, a Tunisian national born in 1976 and currently living in Sousse in Tunisia, complained of a violation of Article 5 §§ 3 and 4 of the European Convention on Human Rights (right to liberty and security).   The applicant was arrested in Malta for drug-related offences on 17 March 1995. On 19 March 1995 he appeared before a Magistrate to be arraigned. In accordance with section 27 of the Dangerous Drugs Ordinance, he was remitted to custody pending the conclusion of the criminal inquiry. On conclusion of the inquiry on 4 April 1995, he was committed for trial. On 1 August 1996 a Magistrate rejected his application for provisional release. On 5 February 1997 the applicant was acquitted and released.   The European Court of Human Rights considered that the applicant’s appearance before the Magistrate on 19 April 1995 was not capable of ensuring respect for Article 5 § 3 of the Convention because the judge had no power to review automatically the merits of the detention. Moreover the Court examined the domestic courts’ case-law concerning section 137 of the Criminal Code and the usual duration of domestic court proceedings on applications under Article 5 § 4 of the Convention, which is part of Maltese law. The Court considered that it had not been shown that during his detention on remand the applicant had at his disposal a remedy for challenging the lawfulness of his detention.   It held unanimously that there had been a violation of Article 5 §§ 3 and 4 of the Convention and awarded the applicant MTL 1,000 for non-pecuniary damage and MTL 900 for costs and expenses. (The judgment exists only in English.)   The Court’s judgments are accessible on its Internet site (http://www.echr.coe.int).   Registry of the European Court of Human Rights F - 67075 Strasbourg Cedex Contacts: Roderick Liddell (telephone: (0)3 88 41 24 92) Or:   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax:    (0)3 88 41 27 91   The European Court of Human Rights was set up in 1959 in Strasbourg to deal with alleged violations of the 1950 European Convention on Human Rights.  On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court. [1] Under Article 43 of the European Convention on Human Rights, within three months from the date of a Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the 17-member Grand Chamber of the Court.  In that event, a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its Protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such question or issue arises, the panel will reject the request, at which point the judgment becomes final. Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties declare that they do not intend to make a request to refer.