swarb.co.uk - law index
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Prisons - From: 1960 To: 1969
This page lists 3 cases, and was prepared on 02 April 2018.
Lawless v Ireland (No 3) 332/57; (1979) 1 EHRR 15; [1961] 1 EHRR 15; [1961] ECHR 2
1 Jul 1961
ECHR
R Cassin P
Human Rights, Prisons
The Irish Government derogated from article 5 in July 1957 in order to permit detention without charge or trial and the applicant was detained between July and December 1957. He could have obtained his release by undertaking to observe the law and refrain from activities contrary to the Offences against the State (Amendment) Act 1940, but instead challenged the lawfulness of the Irish derogation. He admitted membership of the IRA, a terrorist group which had been declared by statute to be an unlawful organisation. Held: His application failed. It was for the Court to determine whether the conditions laid down in article 15 for the exercise of the exceptional right of derogation had been made out. The words "for the purpose of bringing him before the competent legal authority" qualify both limbs of art. 5(1)(c), and it was not be possible to justify the detention under the exceptions in paras (b) or (c). Persons detained must be brought before the Court in all cases to which Art 5(1)(c) refers. The Court was been acutely conscious of the difficulties faced by States in protecting their populations from terrorist violence, which constitutes, in itself, a grave threat to human rights.
European Convention on Human Rights 5(1)(c)
1 Cites
[ Worldlii ] - [ Bailii ]
Neumeister v Austria [1964] ECHR 8; 1936/63
6 Jul 1964
ECHR
Human Rights, Prisons
The applicant complained of his excessive detention on remand pending trial, suspected of fraud.
European Convention on Human Rights
1 Citers
[ Bailii ]
Neumeister v Austria 1936/63; [1968] ECHR 1
27 Jun 1968
ECHR
Human Rights, Prisons
Hudoc Violation of Art. 5-3; Just satisfaction reserved
European Convention on Human Rights
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]