Whether such orders do in fact engage the ECHR, art 5 depends on the extent of the measures actually taken, as [...]. No hard or fast rule emerges from the case law, but a general approach has been developed based on the earlier case of Guzzardi v Italy (1980) 3 EHRR 333. This concerned restrictions imposed on an individual by the Italian authorities analogous to some of those contained in the UK’s non-derogating control orders. Mr Guzzardi, an alleged 'mafioso', who was described by the Italian authorities as 'one of the most dangerous' of individuals, had been confined to an area on a small island constituting about 2½km² for 16 months. It contained a basic village inhabited by others subject to similar orders. His family was able to live with him and he was allowed to look for work. He had to report to the police twice a day and had to get permission from the police before making a phone call or seeing a visitor. This situation was compared by the ECtHR to that of a person in an open prison.
Answer
this is ultimately for the courts and not for the government to determine
Tags
#freedom-of-person #human-rights #public
Question
Whether such orders do in fact engage the ECHR, art 5 depends on the extent of the measures actually taken, as [...]. No hard or fast rule emerges from the case law, but a general approach has been developed based on the earlier case of Guzzardi v Italy (1980) 3 EHRR 333. This concerned restrictions imposed on an individual by the Italian authorities analogous to some of those contained in the UK’s non-derogating control orders. Mr Guzzardi, an alleged 'mafioso', who was described by the Italian authorities as 'one of the most dangerous' of individuals, had been confined to an area on a small island constituting about 2½km² for 16 months. It contained a basic village inhabited by others subject to similar orders. His family was able to live with him and he was allowed to look for work. He had to report to the police twice a day and had to get permission from the police before making a phone call or seeing a visitor. This situation was compared by the ECtHR to that of a person in an open prison.
Answer
?
Tags
#freedom-of-person #human-rights #public
Question
Whether such orders do in fact engage the ECHR, art 5 depends on the extent of the measures actually taken, as [...]. No hard or fast rule emerges from the case law, but a general approach has been developed based on the earlier case of Guzzardi v Italy (1980) 3 EHRR 333. This concerned restrictions imposed on an individual by the Italian authorities analogous to some of those contained in the UK’s non-derogating control orders. Mr Guzzardi, an alleged 'mafioso', who was described by the Italian authorities as 'one of the most dangerous' of individuals, had been confined to an area on a small island constituting about 2½km² for 16 months. It contained a basic village inhabited by others subject to similar orders. His family was able to live with him and he was allowed to look for work. He had to report to the police twice a day and had to get permission from the police before making a phone call or seeing a visitor. This situation was compared by the ECtHR to that of a person in an open prison.
Answer
this is ultimately for the courts and not for the government to determine
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Open it Whether such orders do in fact engage the ECHR, art 5 depends on the extent of the measures actually taken, as this is ultimately for the courts and not for the government to determine. No hard or fast rule emerges from the case law, but a general approach has been developed based on the earlier case of Guzzardi v Italy (1980) 3 EHRR 333. This concerned restrictions i
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