3.The Discrepancy of ECtHR Monitoring Preventive Detention
The preventive detention debate before the European Court of Human Rights rely heavily…
“…prior to his detention, the applicant must have failed to fulfil his obligation to keep the peace by not committing a specific and concrete offence. In cases in which this type of obligation is at issue, it is sufficient if the applicant has taken clear and positive steps which indicate that he will not fulfil his obligation… The Court considers that, by these measures, the applicant had been made aware of the fact that the police intended to avert a hooligan brawl and that he was under a specific obligation to refrain from arranging and/or participating in such a brawl” …
It should be underlined that Art. 5/1(b) doesn’t offer a clear implementation of…
Until late 2018, the Court has limited preventive detention to the context of criminal…
“As the Court has confirmed in its case-law on many occasions, the second alternative of Article 5 § 1 (c) is consequently only covering deprivation of liberty in connection with criminal proceeding” …
The long-lasting approach of the Court was clear and didn’t necessarily allow any…
“The four appellants were part of a larger group of claimants, but it was agreed before the Court of Appeal that their cases should be treated as test cases. They were arrested in separate incidents at various places in central London on the grounds that …
A year later the European Court of Human Rights relied on this particular UK Supreme…
“The Court is therefore of the general view that in order not to make it impracticable for the police to fulfil their duties of maintaining order and protecting the public, provided that they comply with the underlying principle of Article 5, which is to protect the individual from arbitrariness, the lawful detention of a person outside the context of criminal proceedings can, as a matter of principle be permissible under Article 5 § 1 (c) of the Convention” …
“Maintaining order and protecting the public” is a definite necessity. However, in…
EN
TR
