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Tags
#freedom-of-person #human-rights #public
Question
Once the court decided there had been a deprivation of liberty, it then considered in detail if any of the limitations in the ECHR, art 5(1)(a) to (f) might apply. None were found to. In relation to the ECHR, art 5(1)(c) in particular it noted that, while the argument that the measures were taken because they were 'reasonably considered necessary to prevent [Mr Guzzardi] committing an offence' might seem applicable, it could not succeed, because:

'… [...]; it does no more than afford the Contracting States a means of preventing a concrete and specific offence.'

Answer
the phrase under examination is not adapted to a policy of general prevention directed against an individual or a category of individuals who, like mafiosi, present a danger on account of their continuing propensity to crime

Tags
#freedom-of-person #human-rights #public
Question
Once the court decided there had been a deprivation of liberty, it then considered in detail if any of the limitations in the ECHR, art 5(1)(a) to (f) might apply. None were found to. In relation to the ECHR, art 5(1)(c) in particular it noted that, while the argument that the measures were taken because they were 'reasonably considered necessary to prevent [Mr Guzzardi] committing an offence' might seem applicable, it could not succeed, because:

'… [...]; it does no more than afford the Contracting States a means of preventing a concrete and specific offence.'

Answer
?

Tags
#freedom-of-person #human-rights #public
Question
Once the court decided there had been a deprivation of liberty, it then considered in detail if any of the limitations in the ECHR, art 5(1)(a) to (f) might apply. None were found to. In relation to the ECHR, art 5(1)(c) in particular it noted that, while the argument that the measures were taken because they were 'reasonably considered necessary to prevent [Mr Guzzardi] committing an offence' might seem applicable, it could not succeed, because:

'… [...]; it does no more than afford the Contracting States a means of preventing a concrete and specific offence.'

Answer
the phrase under examination is not adapted to a policy of general prevention directed against an individual or a category of individuals who, like mafiosi, present a danger on account of their continuing propensity to crime
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particular it noted that, while the argument that the measures were taken because they were 'reasonably considered necessary to prevent [Mr Guzzardi] committing an offence' might seem applicable, it could not succeed, because: '… <span>the phrase under examination is not adapted to a policy of general prevention directed against an individual or a category of individuals who, like mafiosi, present a danger on account of their continuing propensity to crime; it does no more than afford the Contracting States a means of preventing a concrete and specific offence.' <span><body><html>

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