104. As noted at paragraph 75 above, Article 5 § 3 is structurally concerned with two separate matters which confer distinct rights and which are not temporally linked: the early stages following an arrest on suspicion of having committed a criminal offence, and the period pending any trial before a criminal court, during which the individual may be detained or released with or without conditions (see T.W. v. Malta, cited above, § 49, McKay, cited above, § 31 and Medvedyev v. France, cited above, § 119). During the initial stage under the first limb of Article 5 § 3, the detainee’s detention may be justified by the existence, on its own, of a “reasonable suspicion” that he had committed a criminal offence. However, the persistence of suspicion will not suffice to justify, after a certain lapse of time, the prolongation of the detention, although the Court has not attempted to translate this concept into a fixed number of days, weeks, months or years, or into various periods depending on the seriousness of the offence (Stögmüller v. Austria, cited above, § 4). It therefore falls to the Court in the present case to decide whether the applicants were at all times detained under the first limb of Article 5 § 3, or whether at some point their continued detention could no longer be justified by the existence of “reasonable suspicion”.
105. In the present case the applicants were detained for twelve days, which was a relatively short period of time. As such, the Court considers that they were at all times in “the early stages” of the deprivation of liberty, when their detention could be justified by the existence of a reasonable suspicion that they had committed a criminal offence; it was not, therefore, necessary that any consideration be given to their conditional release during this period.