Therefore, in dealing with circumstances which engage the ECHR, art 5, the first questions to ask are:
(a) Does the deprivation of liberty fall into one of the permissible categories set out in the ECHR, art 5(1)(a) to (f), which allow the state to interfere with the right?
(b) Is this deprivation of liberty brought about 'in accordance with a procedure prescribed by law'? Even if a person has been lawfully arrested and detained within the terms of the ECHR, art 5, it is also important to ask:
(c) Has there been an interference by the state with one or more of the due process rights protected in paragraphs 2–4 of the ECHR, art 5?
Finally, if a person is the victim of an Article 5 breach by the state, they are entitled by the ECHR, art 5(5) to claim an enforceable right to compensation. In the UK, however, under the procedures applying through the HRA 1998, the above right would only come into play if [...].
Answer
an applicant ultimately needed to take their case to Strasbourg
Tags
#freedom-of-person #human-rights #public
Question
Therefore, in dealing with circumstances which engage the ECHR, art 5, the first questions to ask are:
(a) Does the deprivation of liberty fall into one of the permissible categories set out in the ECHR, art 5(1)(a) to (f), which allow the state to interfere with the right?
(b) Is this deprivation of liberty brought about 'in accordance with a procedure prescribed by law'? Even if a person has been lawfully arrested and detained within the terms of the ECHR, art 5, it is also important to ask:
(c) Has there been an interference by the state with one or more of the due process rights protected in paragraphs 2–4 of the ECHR, art 5?
Finally, if a person is the victim of an Article 5 breach by the state, they are entitled by the ECHR, art 5(5) to claim an enforceable right to compensation. In the UK, however, under the procedures applying through the HRA 1998, the above right would only come into play if [...].
Answer
?
Tags
#freedom-of-person #human-rights #public
Question
Therefore, in dealing with circumstances which engage the ECHR, art 5, the first questions to ask are:
(a) Does the deprivation of liberty fall into one of the permissible categories set out in the ECHR, art 5(1)(a) to (f), which allow the state to interfere with the right?
(b) Is this deprivation of liberty brought about 'in accordance with a procedure prescribed by law'? Even if a person has been lawfully arrested and detained within the terms of the ECHR, art 5, it is also important to ask:
(c) Has there been an interference by the state with one or more of the due process rights protected in paragraphs 2–4 of the ECHR, art 5?
Finally, if a person is the victim of an Article 5 breach by the state, they are entitled by the ECHR, art 5(5) to claim an enforceable right to compensation. In the UK, however, under the procedures applying through the HRA 1998, the above right would only come into play if [...].
Answer
an applicant ultimately needed to take their case to Strasbourg
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it m of an Article 5 breach by the state, they are entitled by the ECHR, art 5(5) to claim an enforceable right to compensation. In the UK, however, under the procedures applying through the HRA 1998, the above right would only come into play if <span>an applicant ultimately needed to take their case to Strasbourg.<span><body><html>
Original toplevel document (pdf)
cannot see any pdfs
Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
Discussion
Do you want to join discussion? Click here to log in or create user.