The Court limited itself to article 5(1)(e), when it stated that: ‘the notion of ‘lawfulness’ in the context of article 5(1)(e) of the Convention might have a broader meaning than in national legislation. Lawfulness of detention necessarily presumes a ‘fair and proper procedure’, including the requirement ‘that any measure depriving a person of his liberty should issue from and be executed by an appropriate authority and should not be arbitrary’ (see Winterwerp, cited above, 45, Johnson v The United Kingdom, 24 October 1997, 60, Reports of Judgments and Decisions 1997-VII, and more recently Venios v Greece, Application No 33055/08, 48, 5 July 2011 with further references).’
Citations:
11737/06 – Chamber Judgment, [2013] ECHR 398
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Cited by:
Cited – Haney and Others, Regina (on The Application of) v The Secretary of State for Justice SC 10-Dec-2014
The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had . .
Cited – Lee-Hirons v Secretary of State for Justice SC 27-Jul-2016
The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Prisons
Updated: 05 June 2022; Ref: scu.491944