Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (six month period); Violation of Art. 5-1 as regards the applicant
The applicant complained of violation of his article 5 rights in successive periods of detention. The first period of five weeks was under a broad provision of the criminal code which permitted preventive detention in connection with banditry, criminal association or terrorising a person. During that period no investigation was carried out and no charge was made.
Held: Preventive detention of the kind found was not permitted by article 5.1(c). A person may be detained under that clause only ‘in the context of criminal proceedings’ for the purpose of bringing him before the competent legal authority ‘on suspicion of his having committed an offence’
Judges:
J-P Costa P
Citations:
34578/97, [2000] ECHR 404, (2002) 35 EHRR 16
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Cited by:
Cited – Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-2013
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not . .
Incomplete – Hicks and Others, Regina (on The Application of) v Commissioner of Police of The Metropolis CA 22-Jan-2014
The claimants said that the restrictive tactics used by the respondent when policing crowds at a royal wedding.
Held: The appeals failed. The police had reasonable grounds for suspecting that the claimants were likely to cause a breach of the . .
Incomplete – Hicks and Others, Regina (on The Application of) v Commissioner of Police for The Metropolis SC 15-Feb-2017
The claimants had wanted to make a peaceful anti-monarchist demonstration during the wedding of the Duke and Duchess of Cambridge. They complained that the actions of the respondent police infringed their human rights by preventing that . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Police
Updated: 18 July 2022; Ref: scu.165921